Italy – Turkey
🇮🇹 Italy → 🇹🇷 Turkey
7 cases found🇹🇷 ⇄ 🇮🇹
Bilateral Information
Applicable Treaties
European Convention on Extradition (Paris, 13.XII.1957)
European Convention on Extradition and assessment, by the Italian Judicial Authority, if the evidentiary framework is weak
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Summary
Where the 1957 European Convention on Extradition applies — which does not provide for an autonomous assessment of the evidentiary material by the authority of the requested State in cases of extradition for prosecution — the Italian judicial authority, on the one hand, must not confine itself to a merely formal review of the documentation attached to the surrender request and, on the other hand, is required to ascertain that the request sets out the reasons why, from the perspective of the requesting State, the commission of the offence attributed to the accused person was considered probable, without any possibility of directly examining the sources of evidence. Accordingly, even within the limits of a summary assessment as to the seriousness of the evidentiary indications, the requested authority must nevertheless assess, on the basis of the documents produced and the content of the request, the specificity of the charges and of the sources of evidence. That being clarified, where the evidentiary framework is sparse, Italian courts cannot rely on unsatisfactory and merely apparent reasoning, without specifying the allegations and the sources of evidence or investigative findings capable of linking the facts to the charges.
07/05/2026 · Italian Supreme Court · 18521/2026
🇮🇹Italy → 🇹🇷Turkey
Reversal and remandExtradition