Facing an extradition proceeding is never simple. It involves at least two legal systems and can lead to serious consequences for the personal freedom of the individual involved.
The extradition request may arise from an international arrest warrant issued by a foreign judicial authority or from a European Arrest Warrant (EAW). The enforcement of such measures requires careful examination of the legal frameworks in the countries involved.
Risks of international judicial cooperation
Fundamental rights and legal obstacles to extradition
When a country formally requests the extradition of a person, it activates a process of judicial cooperation between States. However, the respect for the individual’s fundamental rights is not always guaranteed. Common critical issues include:
- inhumane or inadequate prison conditions in the requesting country;
- lack of guarantees for a fair trial;
- politically motivated or discriminatory accusations;
- concrete risks of human rights violations.
Such circumstances may constitute valid legal grounds to oppose the extradition, under both domestic and international law.
Defense strategy and opposition to extradition
How to build an effective legal defense
In extradition cases, it is essential to implement a targeted legal defense strategy, which should include:
- verification of the formal and substantive validity of the arrest warrant;
- comparison between the criminal laws of the requesting and requested countries (e.g., the principle of dual criminality);
- filing appeals against precautionary detention measures;
- compiling documentation to demonstrate possible risks to the person (health conditions, persecution, violations of human rights).
Each phase of the procedure must be carefully assessed with the support of a criminal defense lawyer specialized in international law, capable of intervening on both national and cross-border levels.