🇮🇹 Italy → 🇦🇱 Albania

The Italian Supreme Court dismissed an appeal against a judgment of the Court of Appeal of Turin declaring that the conditions for extradition to Albania were met. The extradition request concerned criminal proceedings in Albania for attempted murder, unlawful detention and carrying of firearms and ammunition. The sought person argued that, if extradited, he would face a serious risk to his life and physical integrity because of a family blood feud allegedly governed by the customary rules of the Kanun. He also relied on pending proceedings for international protection in Italy. The Supreme Court reiterated the autonomy of extradition proceedings from asylum or international protection proceedings. A pending request for international protection does not suspend the extradition procedure and does not require the extradition court to postpone its decision. The Court further held that the alleged risk arising from a private family feud did not amount, in itself, to a condition preventing extradition. The prohibition on extradition applies where the risk of persecution, discrimination, cruel, inhuman or degrading treatment, or other violations of fundamental rights is attributable to a legal or factual choice of the requesting State. In this case, the alleged danger was linked to private conduct and not to state policy or state action. The Court also considered that the Albanian authorities could provide protection to the sought person, including by placing him in a detention facility away from the geographical area where the alleged feud was rooted. The allegations concerning the inability or inertia of the Albanian authorities were considered generic.