Decision of the Court of Cassation, VI Criminal Section, No. 30087 of 30 April 2014

The Court of Cassation rejected an appeal against the decision of the Appeal Court to extradite to Brazil a person who had been there convicted for the offenses of conspiracy and trafficking for organ trade in 2004. For the Court, the claimant had failed to demonstrate that extradition to Brazil would have put him at risk of being subjected to torture or other cruel or degrading treatments, in breach of Article 3 of the ECHR. On other hand, the fact that Italian legislation does not criminalize, specifically, the conduct of trafficking in human organs was not an obstacle, because such conduct plainly falls within the scope of other criminal offenses, such ‘personal injury’ and ‘trafficking in persons’. It is a well-established principle that the requirement of so-called ‘double incrimination’ to allow extradition (also provided for in the Extradition Treaty between Italy and Brazil) does not necessarily implies that an offense is completely coincident under the domestic legislation of the requesting State and that of the requested State.