If there is a current and concrete risk of a violation of the fundamental rights of the requested person, the extradition request must be refused. After reconstructing the procedural background and confirming that the formal requirements for extradition were met, the Court ruled out surrender on the ground that, if transferred to Turkey, the requested person would face a concrete risk of being subjected to inhuman or degrading treatment. In particular, the Court relied on the updated picture of systemic concerns regarding the protection of fundamental rights in Turkey, with specific reference to detention conditions, the independence of the judiciary, the protection of fair trial rights, and the effectiveness of the guarantees arising under the ECHR. Referring to domestic and supranational case law, as well as several institutional and international sources, the Court held that any assurances provided by the requesting State were not sufficient, in the absence of objective, precise and up-to-date elements, to rule out the risk of violations of the requested person’s fundamental rights.

Article 714 requires, for the adoption of a coercive measure aimed at securing surrender, a prognostic assessment as to whether the conditions exist for a judgment granting extradition. This provision constitutes an unavoidable “safeguard” for the requested person, as it prevents the risk of unjustified restrictions on his personal liberty and introduces a threshold already at the moment when the Court must decide whether to impose the coercive measure — and also when it is called upon to decide on an application for revocation or replacement of the measure. Therefore, especially if the request comes from a State — Turkey — whose situation is extremely complex, in light of the circumstances specifically documented by the defence concerning the risk of violations of the requested person’s fundamental rights, the Court cannot omit the prognostic assessment.

In extradition proceedings, a mandatory ground for refusal arises where the request, formally based on an ordinary offence, in fact conceals a purpose of political persecution, provided that the person concerned submits concrete elements showing that surrender would expose them to a violation of their fundamental rights.