In this article, we will explore the concept of the European Arrest Warrant (EAW) in relation to the ban on torture and inhuman or degrading treatment in requesting countries. We will see how a negative outcome of the test can block the execution of the EAW in that country and how this affects the protection of human rights.
The Law and Torture
One of the most critical questions when it comes to the EAW is whether it is possible to extradite an individual to a country where torture is practiced. The answer is categorically negative, as the ban on torture and inhuman or degrading treatment is enshrined in the Charter of Fundamental Rights.
However, the Court of Justice of the European Union, with the Aranyosi and Căldăraru judgment of April 5, 2016, introduced a new perspective on the protection of human rights in the execution of the EAW.
The Aranyosi and Căldăraru Judgment
Let’s examine the legal reasoning of the EU Court of Justice in this judgment. The Court emphasized that the protection of human rights and human dignity is absolute and admits no exceptions.
The Court established that when the judicial authority of the executing state has elements indicating a concrete risk of inhuman or degrading treatment of detainees in the requesting country, it is obliged to perform a test.
Evaluating the Risk of Torture
Therefore, if the judicial authority of the executing state has elements indicating a concrete risk of inhuman or degrading treatment in the requesting state, it must carefully assess this situation. This assessment is based on objective, reliable, precise, and up-to-date factors, such as judgments of the Strasbourg Court or reports from the Committee for the Prevention of Torture.
Request for Information
If the risk of torture is considered plausible, the executing judicial authority must request information from the issuing judicial authority. This information must be specific and detailed, concerning the prison structure, detention conditions, and control mechanisms.
If the information obtained confirms the risk, the EAW cannot be executed. Otherwise, if the risk is ruled out, the extradition can proceed.
Italian Jurisprudence and Concrete Evaluation
Italian jurisprudence has embraced the concrete and comprehensive evaluation (Aranyosi and Căldăraru Test) of the Court of Justice of the European Union. Italian Courts of Appeal are required to conduct a thorough examination of detention conditions in the requesting country before executing an EAW.
Seek Legal Expertise
To ensure that an EAW is not executed in a country where there is a risk of torture, it is essential to seek a lawyer experienced in EAW and torture prohibition. A competent legal professional can ensure that the individual’s rights are protected and that all legal procedures are followed.
In summary, the protection of human rights in the context of the EAW and the torture ban is a matter of utmost importance, and European jurisprudence is emphasizing the need for a concrete and accurate assessment before the execution of an EAW. If you are involved in a similar situation, seeking qualified legal assistance is crucial.