Decision of the Court of Appeal of Bologna, II Criminal Section, No. 10140 of 17 January 2012

In examining the prerequisites for extradition under the 1983 Extradition Treaty between Italy and the US (as modified by Parties in 2006, to put it in line with the 2003 Extradition Treaty between the EU and the US), the Court of Appeal of Bologna deemed irrelevant the circumstance that the requested person was a third-country national. The Court further enlightened some problems relating to so called double criminality, most particularly with regard to the criminal offense of “conspiracy”. Finally and in the light of the jurisprudence of the European Court of Human Rights, the Court of Appeal excluded the possibility that, in the case under examination, the accused be subjected in the US  to a prison sentence too long and therefore “inhuman”. However, the Court stressed that US courts ought to have reduced detention proportionally with the period during which the requested  person has been subjected to provisional detention in Italy.