CCPR/C/126/D/2570/2015 1.1 The author of the communication is A.L., a Ukrainian national born on 20 November 1979. At the time of submitting the present communication, he was subject to extradition to Ukraine, in order to face criminal charges for a robbery allegedly committed in 2000. He claimed that by extraditing him to Ukraine, Italy would violate his rights under articles 7, 9 (1), (3) and (4) and 10 (1) and (2) of the Covenant. The Optional Protocol entered into force for the State party on 15 September 1978. The author is represented by counsel. 1.2 On 16 February 2015, pursuant to rule 94 of the Committee’s rules of procedure, the Special Rapporteur on new communications and interim measures decided not to issue a request for interim measures. On 7 December 2017, the Special Rapporteur decided to deny the author’s requests to issue a request for interim measures. The facts as submitted by the author 2.1 At an unknown date, the author came to Vicenza, Italy, “for reasons of work”.1 On 4 June 2010, the district court of Sosnivisky, Cherkasy, Ukraine, issued an arrest warrant against the author in connection with a robbery that he had allegedly committed on 9 May 2000 in a private house in the village of Falęcice-Wola, Poland. On 30 May 2011, the warrant was reissued. On 20 July 2011, Italian police officers entered the author’s house and arrested him. On 2 August 2011, Ukraine issued an extradition request to the Italian authorities. Both States are parties to the European Convention on Extradition of 13 December 1957. 2.2 On 2 September 2011, the author was released from prison and placed under house arrest. Meanwhile, the Ukrainian authorities provided supporting documents to the extradition request: an arrest warrant, a summary of the relevant facts of the case and “legal characterization of the alleged offence”. On 27 September 2011, the Chief Prosecutor of the Venice Court of Appeal initiated legal proceedings for the author’s extradition. On 21 November 2011, the author challenged his extradition, claiming that there was a lack of strong evidence of guilt; that the lapse of time rendered the alleged offence not liable to prosecution according to the law of both States; that neither a decree of the Minister of Justice nor a complaint by the victim had been filed in the case, as required under Italian legislation; and that the author would be put at real risk of cruel, inhuman and degrading treatment and even torture if extradited to Ukraine. On 28 November 2011, the Venice Court of Appeal rejected the extradition request, as the conditions set forth by international and domestic law had not been met. In particular, the Court of Appeal held that the alleged offence was time-barred. 2.3 The Prosecutor challenged the decision before the Court of Cassation, arguing that the Court of Appeal had misinterpreted internal provisions governing the statute of limitations. The Prosecutor held that the offence allegedly committed should have been legally characterized under Italian law as aggravated robbery – and not simply as robbery, as stated by the Court of Appeal. Consequently, according to Italian legislation, the period of limitation of the offence would only expire on 9 May 2015. Article 10 of the Convention on Extradition denies extradition if the offence is time-barred “according to the law of either the requesting or the requested party.” The Prosecutor maintained that the statute of limitations for the alleged offence had not expired according to Ukrainian law either, because the period of limitation had been interrupted by the issuance of an arrest warrant on 3 September 2007. Regarding the issue of gross human rights violations committed against detainees in Ukraine, the Prosecutor simply recalled prior jurisprudence in which the Court of Cassation had granted extraditions to Ukraine in the past. 2.4 Before the Court of Cassation, the author argued that: (a) both the Ukrainian authorities, in the original arrest warrant, and the Italian authorities, in the course of proceedings before the Venice Court of Appeal, had brought the accusation of robbery and that aggravating circumstances could not be charged ad libitum; (b) the first arrest warrant issued on 3 September 2007 had not been served on or communicated to him and that, in any event, the extradition request had been based on a subsequent warrant that was issued 1 2 No details provided.

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