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1 case foundRisk of inhuman or degrading treatment and reliability of the requesting State
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Summary
Risk of inhuman or degrading treatment and “reliability” of the requesting state: Switzerland is a member of the council of europe, has never been sanctioned for violations concerning detention conditions, and has not been included among the countries generally affected by systemic prison overcrowding. this means that the extradition request does not originate from a jurisdiction that is impermeable to the fundamental principles of the rule of law, nor from one in which such principles, although formally in force, are currently suspended, nor, finally, from a jurisdiction that has adopted prison overcrowding as a deliberate systemic choice or knowingly tolerates its persistence. moreover, the mere allegation of prison overcrowding in the requesting state does not, in itself, constitute a ground for refusing extradition. only in the presence of widespread situations of established incompatibility—manifested in forms attributable to deliberate choices or conscious acceptance by the competent authorities—can a concrete risk arise that a detainee would be subjected to inhuman or degrading treatment. otherwise, it is necessary to identify specific and concrete deficiencies, linked either to the individual’s particular circumstances (such as their state of health) or to actual situations of abuse.
08/10/2024 · Italian Supreme Court · 41482/2024
🇮🇹Italy → 🇨🇭Switzerland
GrantedExtradition