Italy – Brazil
๐ฎ๐น Italy โ ๐ง๐ท Brazil
12 cases found๐ง๐ท โ ๐ฎ๐น
Bilateral Information
Applicable Treaties
Extradition Treaty between the Italian Republic and the Federative Republic of Brazil, done in Rome on 17 October 1989.
Date of signature of the agreement: 17 October 1989
Place of signature of the agreement: Rome
Type of agreement: bilateral
Date of entry into force: 1 August 1993
Implementing legislation: Law No. 144 of 23 April 1991
Publication: Official Gazette No. 108 of 10 May 1991, Ordinary Supplement
Date of signature of the agreement: 17 October 1989
Place of signature of the agreement: Rome
Type of agreement: bilateral
Date of entry into force: 1 August 1993
Implementing legislation: Law No. 144 of 23 April 1991
Publication: Official Gazette No. 108 of 10 May 1991, Ordinary Supplement
Extradition to Brazil granted: generic prison conditions evidence did not trigger duty to seek further assurances
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Summary
The case concerned an extradition request by Brazil for the prosecution of the requested person in relation to aggravated sexual violence against a minor allegedly committed in Brazil between 2011 and 2018. The requested person challenged the judgment granting extradition, arguing that the Court of Appeal had failed to assess the risk of inhuman or degrading detention conditions in Brazil and should have requested information on the specific prison facility of destination, overcrowding, sanitary conditions and minimum living standards. The Italian Supreme Court held that the burden lies on the requested person to provide objective, precise, reliable and up-to-date evidence capable of raising a concrete risk of treatment incompatible with fundamental rights. General references to prison conditions, NGO reports or press articles were held insufficient, especially where the material relied upon did not contain specific and individualised information concerning the requested personโs likely detention. Since no concrete elements had been produced to undermine mutual trust between the States, the Court held that the Court of Appeal was not required to seek further information from the Brazilian authorities and dismissed the appeal.
03/06/2026 ยท Italian Supreme Court ยท 20942/2026
๐ฎ๐นItaly โ ๐ง๐ทBrazil
GrantedExtradition