Commentary on Judgment No. 39560 of 2024 Regarding Extradition in an Armed Conflict Context
Judgment No. 39560 of September 19, 2024, by the Court of Cassation provides a fundamental insight into the delicate issue of extraditing individuals to countries involved in armed conflicts. In particular, the Court examined the case of an extradition requested by the Republic of Ukraine, reaching conclusions that deserve careful analysis.
The Context of the Judgment
The Court established that the risk of inhumane or degrading treatment cannot be inferred solely from the fact that the requesting country is in a state of war. This means that mere involvement in an armed conflict is not sufficient to deny extradition, provided that adequate guarantees regarding the safety of the requester are offered. This aspect is crucial, as it fits within a broader debate involving human rights and the protection of individuals in vulnerable situations.
Extradition requested by a country involved in an armed conflict - Risk of inhumane or degrading treatment inherent in a state of war - Exclusion - Conditions - Case specifics. In terms of extradition abroad, the risk of subjecting an individual to inhumane or degrading treatment cannot be derived from the mere involvement of the requesting State in an armed conflict, provided that suitable guarantees are given regarding the fact that detention will not occur in territories directly affected by military activities and that, in any case, adequate protections are offered for the safety of the requested individual in the event of an escalation of the conflict. (Case relating to extradition requested by the Republic of Ukraine, in which the Court annulled with referral the judgment of the Court of Appeal for a new assessment of the assurances provided by the requesting State and for the acquisition of any supplementary information).
The Conditions for Extradition
By virtue of this judgment, some fundamental conditions emerge that must be met to proceed with extradition in conflict contexts:
- Provide solid guarantees that detention will not occur in areas directly affected by armed conflicts.
- Offer adequate protections to ensure the safety of the individual in case of escalation of the conflict.
- Carefully evaluate the assurances provided by the requesting country, taking into account the current situation and potential developments of the conflict.
These conditions are essential to ensure that the right to life and human dignity is respected, in line with European and international human rights regulations.
Conclusions
In conclusion, Judgment No. 39560 of 2024 represents a significant step in the protection of individual rights in extradition situations. It reaffirms the importance of carefully evaluating each case and ensuring that fundamental rights are always at the center of legal decisions. The Court of Cassation, with this ruling, positions itself as a guardian of justice, ensuring that extradition procedures are not just a matter of legality, but also of humanity.
