*/
Extradition – Extradition hearing. The Administrative Court allowed the appellant's appeal against the district judge's decision to order his extradition pursuant to a European Arrest Warrant issued by the respondent Italian judicial authority. The offence charged had not necessarily been an offence under the law of England and Wales and accordingly, the dual criminality requirement of s 64(3)(b) of the Extradition Act 2003 had not been satisfied to the relevant standard. Further, in the instant case the judgment of the European Court in Torreggiani v Italy (2013) app 43517, 8 January 2013, together with the acknowledgement of a continuing systemic problem in the Italian prison system, had rebutted the presumption of compliance with the European Convention on Human Rights which would normally arise in the case of a member state. That had raised substantial grounds for believing that there had been a real risk of treatment contrary to art 3 of the Convention and the judicial authority had not produced sufficient material to dispel that belief.
Extradition – Extradition hearing. The Administrative Court allowed the appellant's appeal against the district judge's decision to order his extradition pursuant to a European Arrest Warrant issued by the respondent Italian judicial authority. The offence charged had not necessarily been an offence under the law of England and Wales and accordingly, the dual criminality requirement of s 64(3)(b) of the Extradition Act 2003 had not been satisfied to the relevant standard. Further, in the instant case the judgment of the European Court in Torreggiani v Italy (2013) app 43517, 8 January 2013, together with the acknowledgement of a continuing systemic problem in the Italian prison system, had rebutted the presumption of compliance with the European Convention on Human Rights which would normally arise in the case of a member state. That had raised substantial grounds for believing that there had been a real risk of treatment contrary to art 3 of the Convention and the judicial authority had not produced sufficient material to dispel that belief.
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