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Italian Court of Cassation (Corte di Cassazione italiana), Criminal Section VI, No. 50419/2019, 12 December 2019


Extradition. Political persecution. Torture or inhumane and degrading treatments. 

Normative references

Art. 10 Italian Constitution
Art. 705 Italian Criminal Code


1. The decision of the Court of Appeal must be vacated and remanded. As a matter of fact, the Court of Appeal did not explain on which grounds it decided that the applicant will not be subjected to political persecutions in the country of destination. 

2. The applicant, in his briefs, had alleged a set of well-documented and specific circumstances according to which there would be a risk, in the country of destination, that he would be subjected to torture or other inhuman or degrading treatments. In this way, the applicant had satisfied the standard of proof required to demonstrate the risk of political persecutions.