→ 🇺🇾 Uruguay

Assessment of flight risk must take into account all the available elements and must not be “deficient”, to the point of being merely apparent, nor disconnected from the elements underlying the application for a coercive measure and the supporting materials. Judges must therefore assess any departure from or unavailability within Italy of the requested person, as this constitutes an objectively verifiable factor grounding the risk of evading surrender.

The conclusion of extradition proceedings with a decision favorable to surrender does not preclude judicial review of an application for revocation or substitution of the coercive measure imposed within the incidental de libertate proceedings, provided that the application is based on grounds relating to the subsequent ineffectiveness of the measure or the absence of custodial requirements linked to the risk of flight, and insofar as the person has not yet been surrendered to the requesting State. This is subject to the condition that no final decision has been rendered on the issue within the main extradition proceedings, such decision giving rise to an intra-procedural bar (preclusione endoprocessuale).