Ruling No. 14088 of 2024: Unlawful Detention in Passive Extradition

The ruling No. 14088 of February 8, 2024, issued by the Court of Appeal of Milan, addresses a crucial aspect of Italian jurisprudence regarding extradition and unlawful detention. The Court declared inadmissible the appeal presented by J. S., highlighting an important consideration: the deprivation of personal liberty experienced during a passive extradition procedure can be considered unlawful, even if the proceedings conclude with a procedural ruling rather than a denial of extradition. This aspect deserves thorough reflection.

The Legal Context of the Ruling

The Court's decision is framed within a complex regulatory framework, where individual rights are protected by various provisions at both national and European levels. Specifically, Articles 714 and 715 of the Code of Criminal Procedure regulate precautionary measures and the modalities of extradition. However, the Court emphasized that, even in the absence of an unfavorable outcome regarding extradition, the suffering resulting from an unjustified deprivation of personal liberty must be acknowledged and compensated.

  • Legal references: New Code of Criminal Procedure art. 314;
  • Constitutional Court, New Code of Criminal Procedure art. 715;
  • Constitutional Court, New Code of Criminal Procedure art. 714.

Summary of the Ruling and Its Significance

Passive extradition - Provisional application of precautionary measures pursuant to Articles 714 and 715 of the Code of Criminal Procedure - Right to compensation for unlawful detention - Exists. Regarding compensation for unlawful detention, the deprivation of personal liberty suffered in the context of a passive extradition procedure may be deemed unlawful even if such proceedings conclude not with an unfavorable decision regarding extradition, but with a ruling of a strictly procedural nature, such as a non-decision due to the departure of the extraditee.

This summary highlights a fundamental aspect of human rights protection. The Court positions itself as a guardian of individual rights, asserting that every deprivation of liberty must be justified and proportionate. The decision to consider detention occurring in a passive extradition context as unlawful, even in the absence of a denial of extradition, sets an important legal precedent that could influence future cases of this kind.

Conclusions

Ruling No. 14088 of 2024 represents a significant step towards greater protection of the rights of citizens involved in extradition proceedings. The Court has demonstrated sensitivity to issues related to unlawful detention, recognizing that respect for human dignity must prevail over purely procedural matters. This ruling could encourage broader reflection on the need for regulatory reforms regarding extradition and human rights, in order to ensure that every deprivation of liberty is always justified and protected by adequate guarantees.

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