The Court of Appeal may rely on the guarantees provided by the issuing State, which clarified that the requested person: (a) will receive medical assistance within the penitentiary facility; (b) may, if necessary, be permanently admitted to the prison infirmary; (c) will be provided with pharmacological treatment and psychological support; and (d) may, if necessary, be placed in a cell under video surveillance. The Court also drew the requesting State’s attention to the need to put in place effective safeguards and monitoring measures to protect the requested person’s health, including by considering the possibility of alternatives to custodial detention.

Proceedings before the Court of Appeal, and not only those before the Court of Cassation, are conducted in chamber pursuant to Article 127 of the Italian Code of Criminal Procedure. Therefore, since the European Arrest Warrant was received four days before the in camera hearing, the party was entitled to request an adjournment of the hearing in order to file a defence brief in compliance with the statutory time limits, and such request was timely submitted in order to examine the documentation received. The refusal to grant time for the defence may give rise to an intermediate nullity, as it affects the assistance of the accused, provided that— as in the present case — the objection was raised in a timely manner.