Extradition, EAW & Interpol · 2022-11-22
Our client was arrested in Italy on an international arrest warrant issued by Russia in connection with allegations of theft and fraud. We challenged the extradition request before the Italian Court of Appeal and secured our client's release, arguing both procedural deficiencies in the Russian warrant and the risk of violation of fundamental rights if extradition were granted.
Our client, resident in Italy, was arrested following an international warrant transmitted by Russian authorities alleging participation in theft and fraud. The warrant was transmitted through Interpol channels. At the validation hearing before the Court of Appeal, it became clear that the Russian extradition request would need to satisfy the requirements of the 1957 European Convention on Extradition, to which both Italy and Russia are parties.
We developed a defence on multiple grounds: first, significant procedural deficiencies in the Russian extradition documentation; second, the failure to satisfy the double criminality requirement for one of the alleged offences; third, and most importantly, the documented risk that our client would face treatment in Russian detention contrary to Article 3 of the ECHR. The Court of Appeal found our arguments persuasive on multiple grounds.
Extradition to Russia requires particular care. The human rights situation in Russian detention facilities is well-documented. Italian courts apply the ECHR standard rigorously, and Article 3 — prohibition of torture and inhuman or degrading treatment — is an absolute bar to extradition.
The Court of Appeal rejected the extradition request and released our client from custody. Our client remains in Italy, free from the risk of extradition to Russia. The decision is now res judicata.
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