Published on 30 May 2022

THIRD SECTION

Application no. 13869/22 Hugo Armando CARVAJAL BARRIOS against Spain lodged on 17 March 2022 communicated on 11 May 2022

SUBJECT MATTER OF THE CASE

The application concerns the applicant’s extradition to the United States (US), where he is charged on four criminal counts, and he could potentially face life imprisonment for each of them.

The applicant is a Venezuelan national and the former Head of Military Intelligence Services of Venezuela.

He complains under Article 3 of the Convention that, if extradited to and then convicted in the United States, there is a real risk he would be sentenced to life imprisonment without any effective mechanisms by which he could seek a reduction in his sentence or a review with a view to determining whether his continued detention may be justified on penological grounds.

The Court applied Rule 39 of the Rules of Court.

QUESTION TO THE PARTIES

If the applicant were to be extradited to the United States of America, would there be a real risk that he would be subjected to inhuman and degrading punishment through the imposition of an “irreducible” life sentence? Does the applicant risk under US criminal law, in respect of the relevant charges, the imposition of a maximum penalty of life imprisonment that precludes early release and/or release on parole de jure and de facto and, if so, would that be consistent with the requirements of Article 3 of the Convention (see Harkins and Edwards v. the United Kingdom , nos. 9146/07 and 32650/07, 17 January 2012; Vinter and Others v. the United Kingdom [GC], nos. 66069/09, 130/10 and 3896/10, ECHR 2013 (extracts); Trabelsi v. Belgium , no. 140/10, ECHR 2014 (extracts); and López Elorza v. Spain , no. 30614/15, 12 December 2017)?

The parties are also asked to provide additional information about the available legal mechanisms and practice applicable in the US whereby the applicant could obtain a review of an eventual life sentence. The parties are requested to supply any relevant information on the applicable legislation and practice of the trial courts in the US in similar proceedings, regarding both sentencing and review of life sentences.