Italy – Venezuela
🇮🇹 Italy → 🇻🇪 Venezuela
3 cases found🇻🇪 ⇄ 🇮🇹
Bilateral Information
Applicable Treaties
Treaty extradition (1930)
Italy–Venezuela Extradition Treaty: 100-day detention limit held reasonable and proportionate. Petruhhin does not apply at the provisional detention stage.
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Summary
The requested person challenged her continued detention pending extradition to Venezuela, arguing that the applicable time limit was the 40-day period provided by Italian procedural law. The Supreme Court held that the bilateral Italy–Venezuela Extradition Treaty constitutes the applicable special regime and validly provides a 100-day period for provisional arrest instead of the domestic 40-day limit; despite its historical origin, that period remains reasonable and objectively proportionate today, having regard to the involvement of both judicial and diplomatic authorities in the requesting State. The Court further held that, in extradition proceedings concerning an EU citizen requested by a third State, the Petruhhin mechanism does not apply at the precautionary stage, but only when the merits of the extradition request are examined. The case was nevertheless remitted because the requested person remained in custody after expiry of the 100-day period and the legal basis for the continued detention required further verification.
17/07/2026 · Italian Supreme Court · 31591/2026
🇮🇹Italy → 🇻🇪Venezuela
Decision on precautionary measureExtradition