Analysis of Judgment No. 21125 of 2023: Risks of Extradition to the People's Republic of China

Judgment No. 21125 of March 1, 2023, by the Court of Cassation represents a significant ruling on extradition matters, particularly when the request originates from the People's Republic of China. This case highlights concerns related to potential inhuman and degrading treatment that extradited individuals might face. The analysis of this judgment is crucial for understanding the human rights and legal safeguards involved.

Context of the Judgment and Legal References

The Court of Cassation annulled the decision of the Court of Appeal of Ancona without referral, emphasizing the concrete risks associated with extradition to China. The Court referenced a European Court of Human Rights (ECtHR) case from October 6, 2022, Liu v. Poland, which highlighted the systematic human rights violations in China.

Extradition to the People's Republic of China - Risk of inhuman and degrading treatment - Existence. In matters of extradition abroad, where the request is made by the People's Republic of China, there is a concrete risk, highlighted by the ECtHR, 06/10/2022, Liu v. Poland, of subjection to inhuman or degrading treatment, as multiple and reliable international sources report systematic human rights violations and the tolerated use of torture, as well as the substantial impossibility for independent institutions and organizations to verify the actual conditions of individuals held in detention centers.

Implications of the Judgment

The implications of this judgment are manifold and affect various aspects of criminal law and human rights protection. In particular, it can be observed that:

• The Court recognized the need to carefully assess the conditions under which an individual might be detained abroad.
• It was affirmed that international sources are fundamental in evaluating the risk of inhuman treatment.
• European jurisprudence plays a crucial role in defining the boundaries of extradition, especially towards countries with a history of human rights violations.

Conclusion

Judgment No. 21125 of 2023 by the Court of Cassation offers an important reflection on the limits of extradition in complex international contexts. It highlights that the safeguarding of human rights must always prevail over considerations of international judicial cooperation. This ruling not only protects individuals' rights but also affirms the importance of an attentive and responsible legal system that cannot ignore the serious human rights violations perpetrated in certain countries.