Information Note on the Court’s case-law 254

August-September 2021

McCallum v. Italy (relinquishment) - 20863/21

Article 3

Degrading treatment

Inhuman treatment

Extradition to the USA with alleged real risk of life imprisonment without parole: relinquishment in favour of the Grand Chamber

The applicant is an American national currently being detained in Italy. In 2020 the Italian courts granted a request for extradition to the United States of America (Michigan), where she is wanted for trial on charges of being the leader and co-conspirator in the homicide of her then husband and the removal and burning of his corpse.

The applicant complains under Article 3 that, if extradited, she faces a real risk of life imprisonment without parole (LWOP). Under Michigan law, a LWOP sentence may be commuted by the Governor in the exercise of unfettered discretionary clemency powers: while a Parole Board makes a recommendation to the Governor, the latter is not bound by a positive recommendation.

Under Rule 39 of the Rules of Court, the Court has indicated to the Italian Government that the applicant should not be extradited for the duration of the proceedings before it.

On 7 September 2021 a Chamber of the Court relinquished jurisdiction in favour of the Grand Chamber.

(See also Trabelsi v. Belgium , 140/10, 4 September 2014, Legal Summary )

© Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court.

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