Our expertise

We provide legal advice and representation at all stages of extradition proceedings.

We have a deep practical knowledge of the defenses available to challenge extradition. We have a particular expertise in challenging extradition requests based on human rights arguments, including torture, fair trial violations, arbitrary detention, and prison conditions. Other challenges may be based on the specific content of the extradition request itself. Italian law also provides a number of bars to extradition, which include double jeopardy, the passage of time, dual criminality, lack of jurisdiction, and the physical or mental health of the requested person.

Some of our lawyers, particularly Professor Andrea Saccucci and Giulia Borgna, are also regularly instructed to provide expert evidence on matters of Italian criminal law and procedure in extradition cases pending in other jurisdictions.

Giulia Borgna is a member of the Defence Extradition Lawyers’ Forum (DELF), the Extradition Lawyers’ Association (ELA) and the Fair Trials’ Legal Experts Advisory Panel (LEAP). She is the founder and co-editor of Extradando, an online blog focusing on matters of extradition, which provides coverage of key recent developments and cases related to this area of law. Additionally, from 2021, Giulia Borgna is Adjunct Professor of European Cooperation in Criminal Matters at LUMSA University in Rome, where she teaches a course on extradition and judicial cooperation mechanisms.

Moreover, Mrs. Roberta Barberini, former General Prosecutor before the Italian Supreme Court of Cassation and the Court of Appeal, recently joined the firm as Of Counsel. With more than 30 years of professional experience in criminal law and extradition matters, Roberta Barberini provides an even greater asset to our clients.

We find that an essential part of an effective defence strategy is working with local lawyers in the requesting state who can provide information on matters of substantive and procedural criminal law, as well as on prison conditions. Our firm has an unparalleled network of trusted criminal lawyers and experts in other jurisdictions who can advise on any such issues.

We know that extradition may be highly disruptive of a person’s private and family life. This is why we are always committed to exploring alternative avenues that allow to avoid extradition. Particularly we consider the use of less coercive measures to surrender as part of a holistic approach when a charge is pending. In what may have been a legal first in Italy, a requested person in Italy was interviewed by the police in Norway via video-link based on international mutual legal assistance conventions and was eventually cleared from all charges, thus avoiding extradition to that country to face trial.

Legal advice on potential extradition request and securing voluntary surrender

Clients turn to us for advise on the risks arising from potential Interpol Red Notice or extradition request. We are well equipped to advise them on how best to anticipate and mitigate these risks and, if they remain in Italy, on how best to secure their position in terms of being released pending extradition. It is also possible to arrange a voluntary surrender at a time that is convenient, which not only negates the embarrassment of unplanned arrest but also increases the chances of being released pending extradition.

Interim measures under Rule 39 before the European Court of Human Rights

Our lawyers specialize in litigation before the European Court of Human Rights and regularly make applications for interim measures under Rule 39 of the Rules of Court to prevent extradition, both for clients located in Italy and abroad.

Challenging Interpol Red Notices

We also advise individuals who seek advice on how to manage their reputation and ability to travel after they have defeated an extradition request, including by requesting removal of their names from Interpol’s Red Notice List.

Transfer of sentenced prisoners

Our lawyers also have expertise in the transfer of sentences persons under international conventions, particularly with the United States of America and Eastern European countries.

Most relevant cases:

• Corte d’appello di Bari – estradizione verso la Russia – sentenza del 27 maggio 2022
• Corte di Cassazione – estradizione verso la Scozia e misure cautelari finalizzate a garantire la presenza in udienza – sentenza n. 16798 del 28 aprile 2022
• Corte europea dei diritti dell’uomo – estradizione nel caso Abu Omar e condanna in contumacia – 7 dicembre 2021, De Sousa c. Portogallo
• Corte d’appello di Genova – rigetto della domanda di estradizione e utilizzo di strumenti alternativi di cooperazione – sentenza del 28 settembre 2021
• Corte di Cassazione – estradizione verso il Regno Unito e domande concorrenti di consegna – sentenza n. 40831 del 18 settembre 2018
• Corte di Cassazione – estradizione verso le Mauritius – sentenza n. 14237 del 3 febbraio 2017
• Comitato contro la Tortura – misure cautelari in caso di estradizione verso la Russia – decisione del 18 gennaio 2012, Kalinichenko c. Marocco
• Westminister Magistrates’ Court, Court of appeal, Florence, Italy v Dorian Kulla
• Westminister Magistrates’ Court, The Court of Rome, Italy v Awat Wahab Hamasalih e altri
• Westminister Magistrates’ Court, PH (Appellant) v. Deputy Prosecutor of the Italian Republic, Genoa (Respondent)
• Procedure di trasferimento di detenuti dagli Stati Uniti, Regno Unito e Serbia