The Court of Appeal of Rome, Fourth Criminal Section, accepting the request filed by the lawyer for extradition Italy Philippines of the law firm Criminal Lawyer H24, revoked the declaration of consent to the extradition to the Philippines made by C. R. and ordered the reopening of the judicial extradition proceedings. (read the decision here).
Subsequently, thanks to our defensive assistance, the man was released and a judgment against extradition was issued despite the fact that the man had been charged with manslaughter (read here the favorable judgment obtained by our law firm for his extradition to Italy).
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The case of our client
C. R. defended by our law firm was subjected to an international arrest warrant for extradition purposes issued by the regional court of L., B. (Philippines), because he was accused of the crime of homicide committed on 7.21.2018 in B. P. (Philippines) of a well-known businessman, O. M., with whom he had gotten into debt to open a gas station (watch the video here or read the news here).
The person to be extradited was arrested on 27.04.2019 by the Italian Police and during the validation hearing of the arrest, on 02.05.2019, C. expressed his consent to the execution of the extradition to the Philippines, thus concluding the extradition procedure without going through the judicial review of the Court of Appeals.
After the detention validation hearing, the lawyers of Criminal Lawyer H24 were appointed as his trusted attorneys.
With our legal assistance, Mr. C. understood for the first time the consequences of the extradition consent given at the detention validation hearing.
At that hearing, as fully argued in the application for revocation of consent, to Mr. C. was offered the assistance of an English-speaking interpreter – a language that the extradite had stated he did not know – instead of the assistance of a Filipino interpreter.
This choice of English language interpreter, although formally correct, had substantially impaired the understanding of the meaning of the extradition procedure and distorted the representation of reality.
How was the case resolved?
The legal assistance provided by the lawyers of the Criminal Lawyer H24 team made it possible to highlight what C . really understood: namely, that whatever consent was given, within 45 days, his extradition to the Philippines would have been nevertheless disposed of; for this reason, C. had considered that it was not necessary to refuse extradition since this would have happened anyway.
Consequently, in the request, the lawyers of the H24 Criminal Law firm challenged the lack of will regarding the consent given, as it was based on a false representation of reality from which it follows that the principle of fairness was violated.
Indeed, as stated in the reply brief filed by our lawyers, in accordance with art. 2 section 5 of Directive 2010/64/EU on the right to interpretation and translation in criminal proceedings:
‘Member States shall ensure that, in accordance with procedures in national law, suspected or accused persons have the right to challenge a decision finding that there is no need for interpretation and, when interpretation has been provided, the possibility to complain that the quality of the interpretation is not sufficient to safeguard the fairness of the proceedings”.
The violation of the principle of fairness arises not so much from the appointment of an English-speaking interpreter as from the fact that he was not a Filipino interpreter.
In fact, on the Rome Court’s interpreter lists, there were several Filipino mother tongue interpreters (the language our client knows) and yet an English speaking interpreter was appointed.
The possible violation of human rights in case of extradition
The lawyers of the extradition Italy Philippines team told C.R. the critical and alarming situation of the detention conditions of the detainees in the Philippines, of which our client was unaware.
In the request analytically elaborated by C.’s lawyers, therefore, were attached documents and studies prepared by non-governmental organizations for the protection of human rights (for example, UN, Amnesty International, Human Rights Watch) denouncing the constant violation of human rights committed by Philippine penitentiary institutions.
C.’s lawyers (Avv. Vincenzo Ezio Esposito, Avv. Ismaele Brancaccio and Avv. Mario Capuano), in light of these critical issues, also filed a request for the rejection of the extradition request presented by the State of the Philippines, because in that State, C. could be subjected to a detention that could violate human rights.
The application was accepted and our client was released from prison!
The Court of Appeal of Rome, on the basis of the request presented by the lawyers for extradition Italy Philippines, accepted our request: firstly, it revoked the consent given by the person to be extradited, which was considered vitiated; In addition, the Court ordered the Italian Ministry of Justice to request from the Philippine administrative authorities all the information on the possible state of detention of C.R., necessary to avoid the danger of being subjected to inhuman and degrading treatment.
Thanks to our experience as extradition lawyers in Italy, we were able to obtain the revocation of the consent to extradition already given by our client and avoid the violation of the principle of procedural fairness and safeguard the guarantees offered by Italy to the detainee.
Why contact an expert extradition lawyer in Italy?
As the case of C.R. shows, active or passive extradition is a very complex procedure that involves more than one State and that touches various disciplines ranging from criminal procedure to the protection of human rights; For this reason, it is necessary to request the assistance of an expert extradition lawyer who intervenes to ensure all the guarantees provided and prescribed by law.
What is our working method?
By contacting the lawyer for extradition Italy Philippine you can:
- Get an immediate budget without future surprises. Each defensive choice will be agreed with you in advance, you will not have any unpleasant surprises and you will not have to incur any unforeseen costs. From the beginning, you will know the costs that you will have to face.
- Always be informed of our professional activity carried out in your exclusive interest. You will be updated step by step on what we are doing and what will happen. We will explain things to you so you can understand the difficult language of the law.
- We are always by your side and you can always count on us. Our firm is called H24 Criminal Lawyer because we always operate 7 days a week, 24 hours a day, every day at any time of the day or night.
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?
You can receive assistance or legal advice by contacting Criminal Lawyer H24, who will help you with an expert Lawyer for Extradition Italy Philippines.
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