Analysis of Judgment No. 17316 of 2024: Extradition and the Death Penalty

Judgment No. 17316 of April 11, 2024, by the Court of Cassation represents a significant step in Italian jurisprudence on extradition. It focuses on a case involving a request for procedural extradition by the Islamic Republic of Pakistan, relating to a charge of voluntary homicide. The decision highlights the interplay between Italian law and human rights, particularly the prohibition of extradition in the absence of an international treaty when the offense is punishable by the death penalty.

The Regulatory Framework

The Court, in rejecting the extradition request, referred to Article 698, paragraph 2, of the Italian Code of Criminal Procedure, which states that extradition cannot be granted if the offense for which it is requested is punishable by the death penalty. This principle aligns with Article 27, paragraph 4, of the Constitution, which affirms the right to life and the prohibition of the death penalty, reinforcing Italy's position as a nation that protects human rights.

Procedural Extradition - Offense Abstractly Punishable by Death Penalty - Exclusion - Conditions - Factual Circumstances. In matters of extradition, in the absence of a treaty with the requesting State, the rule provided by Article 698, paragraph 2, of the Code of Criminal Procedure does not permit procedural extradition in favor of a foreign State when the act for which it is sought is punishable by the death penalty. (Factual circumstances concerning procedural extradition requested by the Islamic Republic of Pakistan in relation to the offense of voluntary homicide).

Implications of the Judgment

This judgment has significant implications for international judicial cooperation and respect for human rights. Indeed, the absence of an extradition treaty between Italy and Pakistan led to a strict application of Italian norms, highlighting how the protection of fundamental rights prevails over considerations of international cooperation. In this context, it is important to emphasize:

• Italy's role as a state that defends human rights.
• The necessity of bilateral treaties for extradition requests.
• The consequences for foreign nationals accused of crimes in countries with severe regulations.

Conclusions

Judgment No. 17316 of 2024 by the Court of Cassation underscores the importance of safeguarding human rights in the context of extradition requests. It serves as a warning to Italian judicial authorities and foreign states, highlighting that Italian legislation cannot compromise fundamental rights, particularly when dealing with offenses punishable by the death penalty. Jurisprudence continues to evolve, and this decision represents a significant step towards a more equitable and human rights-respecting justice system.