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Brazilian Extradition Request — Drug Trafficking — Client Released from Custody

Extradition, EAW & Interpol · 2023-09-25

Our client was arrested in Italy following a Brazilian extradition request for alleged international drug trafficking and possession of forged identity documents. Despite the gravity of the charges, we secured his release from pre-extradition custody by demonstrating that the statutory conditions for continued detention were not met.

The Brazilian request

The Brazilian authorities requested the extradition of our client in connection with serious allegations including participation in international drug trafficking and the possession of forged documents. Following his arrest in Italy, he was placed in pretrial detention pending the extradition proceedings before the Italian Court of Appeal. He contacted our firm seeking specialist extradition counsel.

Challenge to pre-extradition custody

We filed an immediate application for release on the grounds that the conditions for pre-extradition custody were not met under Italian law. In particular, we challenged the adequacy of the Brazilian documentation to establish the requisite level of suspicion under Italian standards, and argued that there was no flight risk justifying continued detention given our client's circumstances and ties to Italy.

Pre-extradition custody requires specific legal conditions to be met under Italian law — it is not automatic. A carefully argued release application, presented immediately and with precision, can secure freedom for the client while the extradition case is fought on the merits.

Outcome

Our client was released from custody and is able to participate in his own defence from freedom. The extradition proceedings are continuing. We are pursuing all available defences, including challenges to the documentation and human rights arguments, at each stage of the proceedings.

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