Legal Cooperation Between Italy and Colombia in Criminal Matters
Being involved in an extradition request between Italy and Colombia can be complex and carry serious consequences. Authorities from both countries collaborate in the prosecution of major crimes, but the law provides specific safeguards and criteria that must be met before a person is transferred.
When Can Extradition Be Requested?
Extradition may be requested for individuals either accused or already convicted. The requesting country must submit a detailed request that includes:
- The criminal charges
- The identity of the individual
- The supporting evidence
The Italian Ministry of Justice conducts an initial review and, if the request meets basic legal criteria, forwards it to the competent Court of Appeal for further assessment.
How Italian Courts Evaluate Extradition Requests
The Court of Appeal evaluates several key factors:
- The offense must also be punishable under Italian law (principle of dual criminality)
- The procedural guarantees of the requesting country must be adequate
- There must be no grounds for refusal, such as:
- The offense is political in nature
- There is a risk of inhuman or degrading treatment
- The individual’s fundamental rights may be violated
Colombia’s Stance on Extradition
Colombia generally does not extradite its own citizens, but exceptions exist, especially in cases involving:
- Dual citizenship
- The individual being outside Colombian territory
Legal Defense Strategies Against Extradition
Those subject to an extradition request have the right to oppose it by presenting:
- Legal documentation challenging the basis of the request
- Evidence of potential human rights violations
- Arguments showing that the offense is not recognized under Italian law or that due process is not guaranteed
Why Acting Quickly Is Crucial
Time is a critical factor. A strong and effective defense requires:
- Legal representation by experts in international criminal law
- A comprehensive legal strategy based on treaties and jurisprudence
- If necessary, cooperation between Italian and Colombian legal teams