Logo law and pluralism
Logo Università Bicocca

Italian Court of Cassation (Corte di Cassazione italiana), Criminal Section VI, No. 13931/2017, 22 March 2017


Extradition. Risk of political prosecution. Prohibition of inhuman or degrading treatment. 

Normative references

Art. 27 Italian Constitution
Art. 705 Italian Code of Criminal Procedure


2. The extradition from Italy to Belarus of an individual - who is moreover a political opponent - must be avoided if there are no detailed and specific guarantees that the person will not be subjected to degrading treatment during detention. 

2. The Court of Appeal should have carried out a detailed assessment to verify whether or not there was a risk that the person would be subjected to inhuman and degrading treatment during detention. It is for the Court of Appeal to ask the state requesting extradition for additional information regarding the risks associated with extradition itself.