🇮🇹 Italy →

Brazil requested the extradition of a former federal parliamentarian for the enforcement of a sentence concerning unlawful carrying of a firearm and unlawful coercion committed with a firearm. The appellant challenged surrender on political-offence and persecution grounds, alleged unfairness before the Brazilian Supreme Federal Court, disputed double criminality, and relied on prison conditions and serious health concerns. The Court rejected the objections concerning the political character of the offences, fair trial, double criminality, and the general conditions at the designated women’s prison, finding the information and assurances on those matters sufficiently specific. It nevertheless quashed the judgment and remitted the case because the lower court had not obtained precise, individualised information showing that the requested person would receive continuous specialist monitoring, appropriate medication, and adequate treatment for her documented medical conditions.

In matters of extradition to a foreign State, for the purposes of assessing the ground for refusal related to the person’s health conditions under Article 705(2)(c-bis) of the Italian Code of Criminal Procedure, the Court of Appeal may not confine itself to verifying whether the healthcare facilities in the requesting State are adequate to meet the extraditee’s therapeutic needs. It must also take into account the concrete adverse impact that the surrender procedure itself may have, including pathological complications associated with transfer abroad, as well as the need to ensure continuity of ongoing treatment (case concerning the failure to consider the health condition of a person suffering from HIV and in need of life-saving medication not available in Albanian prisons).