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European Arrest Warrant Belgium: When Italy Can Refuse Extradition?

If you find yourself involved in legal proceedings in Italy due to a European Arrest Warrant (EAW) requested by Belgium, it’s essential to understand the details of this situation. In this article, we will guide you through the nature of the European Arrest Warrant, what to do when the proceedings begin in Italy based on a Belgian request, and when Italy can legitimately refuse extradition for a European Arrest Warrant issued by Belgium.

The European Arrest Warrant: When Does It Apply?

The European Arrest Warrant, commonly known as EAW, represents a simplified judicial procedure within the European Union for the extradition of individuals involved in criminal proceedings or for the execution of sentences involving the deprivation of personal liberty. In this context, a member country can request another member country to surrender a person subject to a criminal conviction or a precautionary measure. This procedure can be initiated when a person is found within the territory of another member state.

When Extradition Can Be Refused in Case of European Arrest Warrant Belgium?

Article 2 of Law 69/2005 states that the execution of a European Arrest Warrant must not, under any circumstances, violate the supreme principles of the constitutional order of the state or the inalienable rights of the individual as recognized by the Constitution, fundamental rights, and legal principles established by Article 6 of the Treaty on European Union or by the Convention for the Protection of Human Rights and Fundamental Freedoms.

In particular, Italy can legitimately refuse extradition if there is a serious risk that the arrested person, once surrendered to Belgium, may be subjected to inhuman or degrading treatment. This risk must be assessed in light of the actual conditions of detention in Belgium. The Court of Appeal in Italy may request additional information from Belgian authorities to assess the actual situation and ensure the respect of fundamental rights of detainees.

Major Human Rights Violations in Cases of European Arrest Warrant Belgium

In recent years, numerous human rights violations against detainees in Belgian prisons have come to light. These issues have influenced decisions in Italy regarding European Arrest Warrants issued by Belgium. Amnesty International and other organizations have reported problems such as overcrowding, lack of access to basic services, and restrictions on detainees’ rights, including contact with the outside world.

The Italian Court of Cassation has deemed it necessary to request additional information from Belgian authorities in many cases of European Arrest Warrants from Belgium to assess whether there are real risks of inhuman or degrading treatment for the individual subject to the EAW. The Public Statement issued by the Committee for the Prevention of Torture of the Council of Europe has also raised serious concerns about detention conditions in Belgium.

Why Consult an Experienced Lawyer for European Arrest Warrant Belgium?

Dealing with a European Arrest Warrant Belgium procedure is complex and requires specific expertise. It is highly advisable to consult a lawyer experienced in this matter. A competent lawyer in European Arrest Warrant Belgium cases can ensure adequate defense and develop a tailored defense strategy, considering all possible implications related to human rights violations and detention conditions in Belgium.