Commentary on Judgment No. 39560 of 2024 concerning extradition in the context of armed conflict

Judgment No. 39560 of September 19, 2024, by the Court of Cassation provides a fundamental insight for reflecting on the delicate issue of extraditing individuals to countries involved in armed conflicts. In particular, the Court examined the case of an extradition requested by the Republic of Ukraine, reaching conclusions that deserve careful analysis.

The context of the judgment

The Court established that the risk of inhuman or degrading treatment cannot be inferred solely from the fact that the requesting country is in a state of war. This means that mere involvement in an armed conflict is not sufficient to deny extradition, provided that adequate guarantees are given regarding the safety of the applicant. This aspect is crucial, as it fits within a broader debate involving human rights and the protection of vulnerable individuals.

Extradition requested by a country involved in an armed conflict - Risk of inhuman or degrading treatment inherent in the state of war - Exclusion - Conditions - Case law. In matters of extradition to foreign countries, the risk of subjection to inhuman or degrading treatment cannot be inferred from the mere involvement of the requesting State in an armed conflict, provided that suitable guarantees are given regarding the fact that detention will not occur in territories directly affected by hostilities and that, in any case, adequate protection is offered for the safety of the requested person in the event of the conflict's escalation. (Case concerning extradition requested by the Republic of Ukraine, in which the Court annulled with referral the judgment of the Court of Appeal for a new assessment of the assurances provided by the requesting State and for the acquisition of any supplementary information).

Conditions for extradition

Pursuant to this judgment, some fundamental conditions emerge that must be met to proceed with extradition in conflict contexts:

• Provide solid guarantees that detention will not occur in areas directly affected by armed conflicts.
• Offer adequate protections to ensure the subject's safety in the event of conflict escalation.
• Carefully assess the assurances provided by the requesting country, taking into account the current situation and potential developments of the conflict.

These conditions are essential to ensure that the right to life and human dignity is respected, in line with European and international human rights regulations.

Conclusions

In conclusion, Judgment No. 39560 of 2024 represents a significant step in the protection of individual rights in extradition situations. It reaffirms the importance of evaluating each case carefully and ensuring that fundamental rights are always at the center of legal decisions. The Court of Cassation, with this ruling, positions itself as a guardian of justice, ensuring that extradition procedures are not merely a matter of legality, but also of humanity.