Where there is a risk of exposure to inhuman or degrading treatment, as attested by reliable international sources, it is incumbent upon the Court of Appeal to request, through a targeted inquiry, supplementary information aimed at determining the specific prison conditions to which the requested person will actually be subjected. Furthermore, where a problematic situation in the prison system of the requesting State has been established, the assessment of the existence of a concrete risk of inhuman or degrading treatment must also be correlated with the particular circumstances of the requested person, including those related to their state of health.

Judicial review of custodial requirements — which is permitted in the phase between the conclusion of the so-called judicial stage and the moment when the Minister of Justice executes the extradition decree — is, however, precluded in the subsequent administrative phase, in which the coercive measure is adopted for the purpose of the physical surrender of the requested person to the requesting State. In this latter phase, the adoption of such measure is exclusively aimed at implementing the practical arrangements for surrender, the extradition decree constituting the legal basis to which reference must be made, without any further assessment of custodial requirements being relevant.