Information Note on the Court’s case-law 58

November 2003

Leaf v. Italy (dec.) - 72794/01

Decision 27.11.2003 [Section I]

Article 5

Article 5-1-f

Extradition

Length and lawfulness of detention with a view to extradition (9 months): inadmissible

On 14 September 2000, the applicant, who is of British nationality, was arrested in Italy and detained pending extradition under an international arrest warrant issued b y the United Kingdom authorities. The applicant appealed against his arrest and detention, but without success. The United Kingdom authorities lodged an application for extradition. The applicant challenged his extradition. On 3 May 2001, the applicant was placed under house arrest. On 28 June 2001, the Rome Court of Appeal ordered that he be extradited. In the meantime, the applicant had left the country. The applicant submits that his detention pending extradition was unlawful, owing in particular to its excessive duration, and also claims that he was brought before the judge only four days after being arrested.

Inadmissible under Article 5 § 1 (f): This article requires that arrest and detention for the purposes of extradition be effected in accordance wi th the law when action is being taken with a view to extradition. If the pending extradition proceedings are not conducted by the authorities with the necessary diligence, the detention for the purposes of extradition will cease to be justified under that article.

In the present case, the Court observes that extradition proceedings against the applicant were pending when he was placed under arrest pending extradition and that the Italian courts ascertained and established that the national proceedings were in accordance with domestic law. The Court goes on to state that there is no indication that the authorities did not conduct the extradition proceedings with the requisite diligence for the purposes of Article 5 § 1 (f) and points out that the applicant wa s released during the proceedings at the beginning of May 2001. The Court considers that the duration of the extradition proceedings, approximately nine months, cannot be deemed unreasonable: manifestly ill-founded.

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

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