Tunisia

For the validation of a provisional arrest, the issiung of a Interpol red notice by the requesting State, indicating the custodial measure restricting personal liberty, is enough. Accordingly, at this stage, it is not necessary for the extradition request to have already been formally submitted by the foreign State, since even a mere Interpol notice suffices, as it constitutes a request aimed at the adoption of a precautionary measure pending the transmission of the extradition request.

Tunisia requested the extradition of a national for prosecution for premeditated intentional homicide, an offence potentially punishable by death. The French Court of Cassation held that, where capital punishment may be imposed, the requesting State must provide an unambiguous undertaking that the death penalty would neither be imposed nor carried out against the specific requested person. General references to Tunisia’s longstanding moratorium, its voting record before the United Nations and its international commitments were insufficient, particularly because the assurances did not clearly and individually address the requested person’s situation. The favourable extradition opinion was therefore quashed and the case remitted for reconsideration.

In matters of extradition, the ministerial request for the application of pre-trial detention, submitted following a decision favourable to surrender under Article 704(3) of the Italian Code of Criminal Procedure, is not binding on the judicial authority, as the custodial measure must in any event be ordered in light of the precautionary needs pertaining to the extradition proceedings, to be assessed pursuant to Article 714(2) of the Italian Code of Criminal Procedure.