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🇮🇹 Italy → 🇱🇻 Latvia

1 case found
Bilateral Information
Applicable Treaties
European Arrest Warrant - Law no. 69/2005 - Provisions to bring domestic law into conformity with Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States.
Surrender to Latvia granted: alleged political persecution of the migrant did not bar surrender of the facilitator
Summary
The case concerned a European Arrest Warrant issued by the Latvian judicial authority for prosecution in relation to theft, destruction and falsification of documents, and facilitation of illegal immigration. The requested person did not consent to surrender. The Court of Appeal of Bologna held that the legal requirements for execution of the warrant were satisfied. It found that the EAW was issued by a judicial authority, that the underlying arrest measure and the warrant described the alleged facts, and that the evidentiary framework had been legitimately assessed by the issuing authority. The offences were punishable by sentences exceeding the statutory threshold and were also criminal offences under Italian law. The Court rejected the argument that the case was politically motivated. It held that the alleged political nature of the offences was excluded by the content of the warrant and that any alleged political persecution concerning the person whose expatriation had allegedly been facilitated could, at most, affect the surrender of that person, not the surrender of the alleged facilitator. The Court therefore declared that the conditions for surrender to Latvia were met.
21/11/2008 · Court of Appeal of Bologna · 3712/2008
🇮🇹Italy → 🇱🇻Latvia
GrantedEAW