🇮🇹 Italy → 🇺🇸 United States

The case concerned a United States request for extradition from Italy for prosecution on a charge of conspiracy to commit money laundering. The Court of Appeal had declared the conditions for extradition satisfied, subject to the condition that any extradition detention served in Italy be credited against a sentence eventually imposed in the United States. The requested person appealed, raising several objections, including alleged defects in the extradition request, the subsequent substitution of the extradition title following a Grand Jury indictment, lack of United States jurisdiction, insufficient evidentiary basis, breach of speciality, disproportionate punishment and the risk of inhuman or degrading detention conditions. The Italian Supreme Court rejected all grounds except the complaint concerning detention conditions. It held that the replacement or formal development of the extradition title during the proceedings did not bar extradition where the factual basis remained the same and the new title was submitted before the Court of Appeal’s decision. It also held that Italian courts are not required, in extradition to the United States, to review the existence of United States jurisdiction as a ground for refusal, and that the “reasonable basis” requirement under the Italy–US extradition treaty does not require an autonomous assessment of serious evidence of guilt. The Court further rejected the argument that the maximum penalty of twenty years for money laundering conspiracy was, in itself, manifestly disproportionate. However, it found that the Court of Appeal had failed to properly address the defence submissions on detention conditions. The defence had relied not only on NGO material but also on official United States prison standards suggesting that personal space could ordinarily fall below three square metres per detainee. This was a qualified source capable of raising a potential Article 3 ECHR issue. The Court therefore held that the Court of Appeal should have sought complete, current and individualized information from the United States on the specific detention conditions that would apply in case of surrender. The judgment was annulled with remand for a new assessment limited to that issue.

The requested person challenged his extradition from Italy to the United States for conspiracy, computer fraud and money laundering, principally alleging a risk of inhuman or degrading treatment at the Essex County Correctional Facility. The Supreme Court held that the Court of Appeal had adequately investigated the individual risk through three requests for supplementary information and could rely on the official assurances supplied by the requesting State. The existence of organisational deficiencies or isolated incidents of violence did not establish a concrete risk of systemic violations of fundamental rights. The Court also found that converting criminal proceeds into bitcoin could satisfy double criminality by corresponding to the Italian offence of self-laundering. The further complaints concerning speciality, proportionality of punishment, credit for time spent under house arrest and the right to a fair trial were rejected as hypothetical or unfounded. Extradition was therefore upheld.

Under the framework governed by the bilateral treaty of 13 october 1983, the possibility that a life sentence may be imposed does not constitute a bar to the issuance of a favourable extradition decision. this is due to the existence, within the united states legal system, of various mechanisms which, in relation to individuals sentenced to life imprisonment, may allow for early release—albeit on the basis of discretionary assessments by different public authorities—or, in any event, for commutation where humanitarian grounds or progress in the rehabilitative process are established. this is without prejudice to the situation where the requested person specifically alleges the existence of a real risk of being subjected to inhuman or degrading treatment, contrary to article 3 of the European Convention on Human Rights.