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🇮🇹 Italy → 🇦🇱 Albania
1 case foundBilateral Information
Legal Framework
Agreement between the Italian Republic and the Republic of Albania, supplementary to the 1957 European Convention on Extradition and the 1959 European Convention on Mutual Assistance in Criminal Matters (Tirana, 2007)
Extradition granted despite pending revision proceedings: albanian sentence remains Executable under requesting State Law
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Summary
The case concerned an Albanian request for extradition from Italy for the execution of a final conviction for serious bodily harm. The defence opposed surrender, arguing that the conviction was no longer enforceable because an Albanian court had granted revision of the appellate judgment and remitted the case to a differently composed Court of Appeal. After obtaining supplementary information, the Court of Appeal of Bologna held that the conviction remained enforceable under Albanian law. The Albanian procedural rules provided that, until the revision court issued a new judgment, the convicted person retained the same procedural status, and the court granting revision had not suspended execution of the sentence. The Court therefore treated the foreign judgment as still executable for extradition purposes. It further found that the request was supported by the required documents and translations, that double criminality was satisfied, and that there were no grounds to believe that the requested person would face persecution, discrimination, inhuman or degrading treatment, or proceedings incompatible with fundamental rights. Finally, the Court held that the requested person’s rooting in Italy was not a ground for refusing extradition to a non-EU State. The conditions for extradition to Albania were therefore declared satisfied.
14/07/2020 · Court of Appeal of Bologna · 10045/2020
🇮🇹Italy → 🇦🇱Albania
GrantedExtradition