Brazilian Extradition Request — Homicide Allegation — House Arrest Obtained

Our client faced extradition to Brazil on a homicide allegation. Despite the extreme gravity of the charge, we secured the substitution of pre-extradition prison custody with house arrest — a significant result that allowed our client to remain with his family during the proceedings.

The situation

Our client, facing an extradition request from Brazil for alleged homicide, was placed in pre-extradition custody in an Italian prison. The charge was severe, and achieving any mitigation of the custody measure seemed, on the face of it, extremely difficult. However, the legal analysis revealed significant weaknesses in the evidentiary basis provided by the Brazilian authorities.

Application for substitution of custody measure

We filed a detailed application for the substitution of the prison custody measure with house arrest, arguing: that the Italian legal standard for pre-extradition custody required a stronger evidentiary foundation than Brazil had provided; that our client's ties to Italy (family, employment, fixed address) rebutted any presumption of flight risk; and that the less severe measure of house arrest was proportionate and sufficient to ensure our client's availability for the proceedings.

Even in extradition cases involving the most serious charges, Italian law requires proportionality in the application of custody measures. A homicide allegation does not automatically mean prison. The court must still be satisfied that no less restrictive measure would serve the purpose.

Outcome

The Court of Appeal accepted our application and replaced prison custody with house arrest. Our client returned to his family home and is able to instruct his defence effectively. The extradition proceedings are continuing with all defences actively pursued.