Extradition: Covid 19 and detention conditions in Ukraine
Walter De Agostino
Avvocato penalista | Esecuzione penale | Estradizione e Mandato di Arresto Europeo | Tutela dei Diritti Umani | Cybercrime e Cybersecurity | Diritto penale vitivinicolo e agroalimentare
In the referral hearing after the annulment made by the Italian Supreme Court (judgment 28831/2020) with a judgment delivered on 14 January 2021, the Court of Appeal of Rome refused to extradite a detainee to Ukraine.
Despite several requests sent by the Italian Ministry of Justice in the last seven months, the Ukrainian Authorities did not give any information and assurances regarding:
- Measures in response to COVID-19;
- Transfer conditions to the Bakhmut prison, taking into consideration the conflict at the border between Ukraine and the self-proclaimed Donetsk People's Republic;
- Detention conditions, especially regarding the treatment of detainees of Russian ethnicity in prison, like the defendant.
After more than seventeen months of detention, the requested person was released.