In this article I will explain how we managed to obtain the release of one of our clients, against whom the precautionary measure of custody in prison was applied following an extradition requested by Brazil for the crime of international drug trafficking and possession of a fake passport.
In the specific case, despite the fact that he had a final sentence in Brazil with a prison sentence of 9 years and 8 months, the Court of Appeal of Naples decided to accept our defense thesis regarding the absence of a danger of escape from the Italy of our client, therefore arranging for his immediate release from prison.
If you want to know how we managed to obtain the release of our client, I recommend you read the entire article below.
Indice dei contenuti
The case of our client
Just as I told you previously, our client, during a short holiday, was arrested in Italy as he was wanted internationally on the basis of an extradition requested by Brazil.
In fact, following the communication of the guests’ data by the hotel where our client was staying, the Police found that an Interpol red notice was pending against him on the basis of an international arrest order issued by the Government of Brazil for the execution of a final sentence of 9 years and 8 months of imprisonment.
Therefore, once all the investigations had been carried out directly at the hotel facility, the Police arranged for the arrest of our client, against whom the precautionary measure of detention in prison was subsequently issued.
You must know, in fact, that the crimes for which our client had been convicted in Brazil were really very serious since he was accused of the illicit possession of 43,680 kg of cocaine and the possession of false identification documents.
These are the reasons why our client was arrested:
Once the arrest had been ordered, the family members, looking for a lawyer with specific experience in extradition proceedings, contacted the professionals of the international law firm Avvocato Penalista H24, requesting immediate assistance in order to obtain the release of their family member.
The case, specifically, was entrusted to the lawyer Ismaele Brancaccio.
If you want to get to know all the other professionals in our law firm and their specific professional skills I recommend you also read this article.
The reasons why was ordered the detention in prison
Faced with the arrest of our client, ordered by the Police, the Court of Appeal of Naples, deeming the extradition requested by Brazil to be well-founded, ordered custody in prison as a precautionary measure, considering that the danger of our client’s escape from Italy was fully subsistent due to his “potential” connection with criminal organizations in the international sphere, justifying this circumstance by the fact that he had been found in possession of a large quantity of drugs, as well as due to the fact that he had also been found in possession of a false identification document.
In addition, in support of the precautionary measure it was also pointed out that there was an extradition treaty between Italy and Brazil and that, in light of that treaty, there was every reason to order the surrender of our client to that state.
If you would like to learn more about this topic and to know what the extradition treaty between Italy and Brazil provides, I recommend you read this article in which I explain in detail when extradition can be ordered and when, on the other hand, Italy can refuse to surrender a person to Brazil.
The reasons why was requested the release of our client
Once we had acquired all the documentation pertaining to the arrest of our client, we immediately set to work in order to request his release, believing that pre-trial detention in prison was by no means the least afflictive precautionary measure through which to avert his danger of escape from Italy.
You must know, in fact, that in the case of an extradition request, the only danger that must be guaranteed by the Italian Authorities is that of preventing the requested person from leaving the national territory before the closing of the extradition proceedings, the danger of flight having therefore to be guaranteed exclusively.
In the face of this requirement, therefore, believing that detention in prison was totally disproportionate, as there was no danger that our client could leave Italy during the extradition proceedings, we proceeded immediately to formulate a request for revocation or replacement of the precautionary measure.
In support of said request, in fact, we pointed out the fact that our client, following the sentence of conviction handed down in Brazil, had always lived in Italy and that even his family lived permanently in Italy.
Furthermore, we documented all the reasons (including health reasons) in relation to which a prognostic judgment of surrender of the same to the Brazilian State could be deemed insubstantial, believing that said State could not in any way guarantee the fundamental rights of our client in the event that surrender should be ordered.
In view of said reasons, therefore, a special hearing was set by the Court of Appeals of Naples in order to decide on the precautionary measure deemed most suitable by reason of the extradition requested by Brazil.
- The decision of the Court of Appeal: the release of our client
In response to our defense requests, therefore, the Court of Appeal of Naples decided to order the immediate release of our client, confirming that the risk of escape could be considered greatly reduced for him.
In fact, within the order, with reference to the request for mitigation of the precautionary measure, it was pointed out that: “indeed, the extradite appears to be suffering from serious certified illnesses and does not appear to have committed crimes since 2011, the era to which the criminal episode that is the subject of the Brazilian criminal conviction that grounds the extradition request dates back. These supervening circumstances, highlighted and documented by the requesting Defense, make it possible to affirm the extradite’s precarious health condition and his reduced (due to the period since the last crime committed) relations with criminal circles have reduced the seriousness of the danger of flight.”
This is the text of the order:
The Court of Appeal of Naples, with this provision, ordered the release of our client, to whom an obligation to stay exclusively in the territory of the region of residence was therefore applied during the period in which the extradition requested by Brazil must be decided.
The words of thanks and the infinite joy expressed by our client and their families, in this case, were the greatest satisfaction for the work done and the result obtained.
Why turn to an expert lawyer in case of extradition requested from Brazil?
As you may have understood, the matter covered is a particularly complex and delicate matter which requires particular and specific professional skills in national and international law which not all lawyers possess.
It is always advisable, therefore, to rely on a competent lawyer for extradition requested by Brazil, expert in this specific matter, who knows the legal matter well so that, right from the start, there is the maximum guarantee of the right of defence, arranging the most appropriate defensive strategy for the specific case.
We have already faced and resolved several processes with reference to this matter.
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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