In matters of extradition to a foreign State, when assessing the existence of grounds precluding the issuance of a decision in favor of surrender - which, pursuant to Article 714(3) of the Italian Code of Criminal Procedure, also bar the adoption of coercive measures aimed at securing its execution - the Court of Appeal is required to determine whether, on the basis of objective and reliable elements, there is a risk that the person sought will be subjected, in the requesting State, to inhuman or degrading treatment (also considering the impact of Russia - Ukraine war).

risk of inhuman or degrading treatment: for the purposes of assessing the ground for refusal provided for by article 698(1) of the italian code of criminal procedure, the court of appeal must verify whether the penalty provided for under the law of the requesting state—regardless of its formal designation—effectively amounts to treatment that violates the fundamental rights of the individual.