Arrested in Italy for extradition or European arrest warrant? A guide with basic information about Italian law.
Arrested in Italy in Extradition and European Arrest Warrant proceeding: a guide for relatives
If your loved one has been arrested in Italy under a European Arrest Warrant (EAW) or is facing extradition, it can be a frightening and confusing time. This guide will help you understand the process, the legal rights involved, and what steps you can take to support your family member; the guide is not intended as professional advice, but may be helpful.
1. What is Extradition?
Extradition is the legal process by which a person is handed over by one country to another to face criminal charges or serve a sentence. The country requesting the extradition (the requesting state) submits a formal request to the country where the person is located (the requested state: in this guide, Italy).
Extradition typically involves complex legal proceedings, international treaties, and considerations related to human rights and justice systems in both countries involved. Politics is heavily involved.
2. What is the European Arrest Warrant (EAW)?
The EAW is a simplified extradition process that operates within European Union (EU) member states. It allows for the swift transfer of individuals for prosecution or to serve a sentence, with no political involvement. Issued by a judicial authority, the EAW ensures that people cannot evade justice by crossing borders within the EU.
3. Steps in the Extradition and EAW Process
1. Arrest: Your family member will first be arrested based on an Interpol Red notice or SIS information, which under Italian law is intended as request for provisional arrest. Arrest usually happens out of a hotel room, or at the airport. Arrest is mandatory for Italian police, which will inform the judicial authority. Usually persona items are seized as well.
2. Identification Hearing: The arrested person and the court appointed / chosen lawyer will appear before a court which will identify the person and if there is consent to extradition or not.
3. Legal Review: If there I son consent to extradition, the court will schedule another hearing, inform the requesting State and ask for the formal extradition request (usually 45 days). In the following hearing(s), the court will examine whether the offenses for which the person is wanted are recognized as crimes in both countries. The defense may argue against extradition on several grounds, such as:
- The risk of unfair treatment in the requesting country (e.g., risk of degrading or inhuman treatment due to prison conditions).
- The offense is considered political in nature.
- The person’s human rights are at risk.
- There are procedural defects in the request.
Italy will not assess guiltiness or innocence but check if conditions for extradition are met.
4. Decision by the Court: After reviewing the case, and after having requested supplementary information or diplomatic assurances, the court will decide whether the extradition should proceed. the first instance decision can be appealed before Italian Supreme Court; after the judicial decisione becomes definitive, the Italian Minister of Justice is involved in finalizing the decision.
4. Grounds for Refusing Extradition
Italian courts or the Italian Minister of Justice may deny extradition in specific cases:
- If the person risks the death penalty.
- If the requested state does not provide fair trial guarantees.
- If the individual could be persecuted based on race, religion, nationality, or political beliefs.
- If the offense is purely political.
5. Rights of the Arrested Person
Your loved one has several rights during the extradition or EAW process:
- Right to Legal Representation: It is crucial that your family member has an experienced lawyer familiar with extradition and international law. They can challenge the request and represent your loved one during the hearings.
- Right to Translation: If the person does not understand the language, they have the right to an interpreter during all stages of the process.
- Right to Appeal: If the court grants the extradition, there is usually an opportunity to appeal the decision within a set timeframe.
- Right to Contact Family: The arrested individual has the right to notify their consulate and to communicate with a lawyer; family members have to be authorised by the Court in order to comunicate by phone, video call or in person.
6. How Can You Help?
1. Hire a Lawyer: One of the most important steps you can take is to hire a lawyer experienced in extradition cases. They will help ensure that your family member’s rights are protected and explore all legal options to challenge the extradition. Legal fees need to be agreed upon.
2. Gather Documents: Your lawyer may need specific documents, such as identification papers, court records, or proof of residence, to build a defense. If you can provide a house, home arrest can be requested (Italy doesn't know bail system).
3. Stay Informed: The extradition process can take several months, and it is important to stay informed about the legal steps and any updates in the case. Maintain regular communication with your loved one’s lawyer, ask for the case file.
4. Provide Emotional Support: Being detained in a foreign country can be overwhelming for your loved one. Regular communication, even if just for moral support, can make a big difference during this challenging time.
7. Frequently Asked Questions
- Can extradition be stopped?
Yes, extradition can be challenged or delayed based on legal grounds, human rights concerns, or flaws in the request.
- How long does the extradition process take?
It can vary, depending on the complexity of the case, the legal system of the countries involved, and whether there are appeals. in average, first instance proceeding can last approx 6 months, Supreme Court appeal approx. 4 months.
- What if the person is convicted in another country?
In certain situations, it may be possible to request that the sentence be served in Italy instead of the requesting country, especially within EU member states.
- What if the person is member of a EU country?
In certain situations, when a third country requests extradition, it may be possible to request that the EU state of citizenship takes over the case, issuing an EAW (so called Petruhin doctrine).
8. Contact Us for Legal Assistance
If your family member is facing extradition or has been arrested under a European Arrest Warrant, our team at Canestrini Lex is here to help. We have extensive experience in extradition law and international criminal defense and can provide expert guidance throughout the process. Contact us for immediate assistance, calling 0039.(0)464436688 or writing an email to nicola.canestrini@canestrinilex.com.