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Italian Court of Cassation (Corte di Cassazione italiana), Criminal Section VI, No. 8078/2021, 9 February 2021


Extradition. Risk of political persecution. Prohibition of torture and other inhuman or degrading treatments. 

Normative references

Art. 3 ECHR
Art. 698 Italian Code of Criminal Procedure


1. When there is a risk that the person to be extradited might be subjected to inhuman or degrading treatments, it is for the Court of Appeals to ask for additional information aimed at knowing which detention conditions will be concretely applied to the extradited person. 

2. The assessment of the risk that the detainee will be subjected to inhuman or degrading treatment must be carried out taking into account also the specific situation of the person, for instance his health conditions.