In this article I want to explain to you how we obtained a very favorable provision for one of our clients, against whom a passive extradition procedure had been opened in Italy, before the Turin Court of Appeal, based on a request for an international arrest warrant issued against him by the State of Pakistan.
First of all, if you are also in the same situation, that is, if you have been affected by an international arrest warrant or are subject to an extradition procedure in Italy, you can contact our law firm Criminal Lawyer H24 formed by international criminal lawyers; We have dealt with several such cases and have often resolved them with the greatest satisfaction of our clients.
In any case, if you want to know more about the subject, I invite you to read this article in which I will explain in detail what to do in case of application of a precautionary measure in an extradition procedure in Italy.
So if you want to know how we solved the problem of our client, arrested in Italy on the basis of an extradition request Pakistan, I suggest that you continue reading this article.
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Indice dei contenuti
Why was our client arrested?
Our client, during a vacation in Italy with his family, was arrested and taken to prison by the Italian Police because he was accused of having committed several crimes in Pakistan: in particular, he had been applied a red notice from Interpol because was pending against him the international arrest warrant issued by the State of Pakistan for the execution of a precautionary measure in that country.
After the application of a precautionary measure by the State of Pakistan, therefore, having said that this State issued an international arrest warrant against our client, the Italian Police could not do anything other than execute the international arrest warrant issued against our client, taking him to one of the Italian prisons.
Well, our client, although he was of Pakistani nationality, had not been present in Pakistan for several years and, precisely because he was not in the territory of that State, an international arrest warrant was issued against him, with the consequent application of a red notice from Interpol, in order to obtain the arrest in the international context.
If you are also subject to an international arrest request and want to know how to request the cancellation of a red notice from Interpol, I invite you to read the dedicated article by clicking here, so you can get more information on how to get the cancellation of a red notice of Interpol.
The arrest of our client
As I told you, once the international arrest warrant was issued, the man was found in Italy (specifically in the Piemonte region) and then arrested by the Italian Police.
After the arrest, the extradition procedure foresees the hearing to validate the arrest, in order to verify if the arrest was carried out legitimately and if all the rights of the person were respected.
Therefore, the passive extradition procedure is initiated in Italy (before the Court of Appeal of the place where the person was detained or, in this case, the Turin Court of Appeal) to determine whether the man should be handed over to the Pakistani authorities for the execution in that State of the precautionary measure applied against him.
During the validation hearing, the man declared that he did not consent to his extradition to the State of Pakistan, for fear that he could be persecuted in that country, so the Turin Court of Appeal applied the precautionary measure of custody in prison.
What happens after the validation hearing?
As I said before, the precautionary measure of detention in prison was applied to our client, considering that the Turin Court of Appeal believed that there was a danger of escape from Italy, being a foreign citizen not rooted in Italian territory.
However, during the proceedings concerning Pakistan extradition request, the defense realized that the Pakistani state’s extradition request was slow to arrive.
In fact, although this State had sent documentation to the Italian State regarding our client’s request for arrest, this documentation could not be considered comparable to a real extradition request, since the latter needed formal requisites which were completely absent in the present case.
The extradition request, in fact, on the basis of the provisions of Article 700 of the Italian Criminal Procedure Code is possible only when it is explicitly formulated to the Italian State and contains:
- Copy of the provision restricting personal freedom or of the sentence applied to the requested person;
- A report on the facts attributed to the person and on the articles of law alleged to have been violated;
- The text of the law applicable to the requested person;
- Commutation of the sentence, in the event that extradition is requested for a crime for which the application of the death penalty is envisaged;
- The details of the report, or any other information intended to identify the person for whom extradition is requested.
However, in the present case, the requests sent by the State of Pakistan to Italy did not present any of the characteristics listed above and, therefore, it was evident that the scant documentation sent was in no way comparable to a Pakistani extradition request.
It should also be noted that there is no Italy – Pakistan extradition treaty, therefore the rules applicable to the case in question had to necessarily be based on the rules of the Italian extradition code and on the principles of international law.
Our defense strategy: how did we get our client released?
The defense strategy was first of all to formulate requests for the replacement of the precautionary measure applied to our client, certainly not being, in the context of an extradition procedure, the precautionary custody in prison the only applicable measure to guarantee the danger of escape of the requested person.
At the same time, having found that the documentation sent by the State of Pakistan could in no way be considered comparable to a formal request for extradition, the defense waited 40 days from the moment of communication of the arrest order by Italy to the State of Pakistan, since the revocation of the precautionary measure was to be ordered in the event of failure to formulate this request within the deadline established by law.
You must know, in fact, that article 715 paragraph 6 of the Code of Criminal Procedure expressly provides that: “The precautionary measures are revoked if within forty days of the aforementioned communication the request for extradition has not been received by the Ministry of Foreign Affairs or the Ministry of Justice and the documents required by article 700“.
The defense’s thesis, therefore, rested on the fact that the documentation received from Pakistan up to that moment could in no way be considered comparable to a real request for extradition and that, therefore, the revocation of the precautionary measure should be ordered ( and therefore the release of our client) once this term has passed.
What was the court’s decision?
After an incessant study of our client’s case, the Turin Court of Appeal proved that we were right!
Here the demonstration
The judges of the Turin Court of Appeal decided precisely on the basis of the legislation we have cited, thus ordering the immediate release of our client.
Thanks to our decisive contribution we have obtained a great result, as well as the satisfaction of our client who for no reason in the world would have wanted to be extradited to Pakistan, a state in which he would have run the serious risk of being persecuted by justice.
Why contact an expert attorney in case of an extradition request Pakistan?
As you may have understood, the matter of extradition is a particularly complex and delicate procedure that requires particular and specific professional skills that not all lawyers possess.
At the same time, in relation to the state of Pakistan, there is no Italy – Pakistan extradition treaty.
It is always advisable, therefore, to rely on a competent lawyer for arrest for extradition, expert in the matter, who knows the legal matter well, so that, right from the start, there is the maximum guarantee of the right of defense, arranging the most appropriate defensive strategy to the specific case.
We have dealt with and solved several cases regarding extradition and international arrest warrants
Read our other articles on this topic:
- Extradition and European Arrest Warrant (EAW) in Italy
- Extradition in Italy cannot be granted in case of risk of violation of human rights
- Lawyer for extradition to Belgium and European arrest warrant (EAW)
- Italian Lawyer for Extradition Cases. Italian International Law Firm
- Extradition Lawyer in Italy
- European arrest warrant: what to do in case of arrest?
- Interpol Red Notice Removal. How to delete it?
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