Razza Aly v Italian Judicial Authority

Razza Aly v Italian Judicial Authority

The applicant failed to provide clear and cogent evidence capable of rebutting the presumption that Italy, as a Part 1 territory, will comply with Article 6 ECHR and Directive 2010/64/EU. Italian law provides procedures for translation and interpretation, and the applicant did not demonstrate a real risk of flagrant denial of justice. The proposed ground of appeal is unarguable.

Parties
Applicant: Razza Aly; Respondent: Italian Judicial Authority
Jurisdiction
England and Wales
Judgment Date
07 November 2024
Procedural Posture
Extradition / Application for Permission to Appeal Extradition Order
Outcome
Application for permission to appeal dismissed
Legal Topics
Extradition, Fair Trial Rights, Translation and Interpretation, Article 6 ECHR, Directive 2010/64/eu
Criminal Law Human Rights Law Extradition Law Extradition Fair Trial Rights Translation and Interpretation Article 6 ECHR Directive 2010/64/eu

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Parties

Razza Aly

Applicant

Italian Judicial Authority

Respondent

Procedural Posture

Extradition / Application for Permission to Appeal Extradition Order

Legal Issues

  1. 1 Whether extradition to Italy would expose the applicant to a real risk of a flagrant denial of justice in breach of Article 6 ECHR
  2. 2 Whether Italian authorities would provide adequate translation and interpretation for the applicant at trial

Ratio Decidendi

The applicant failed to provide clear and cogent evidence capable of rebutting the presumption that Italy, as a Part 1 territory, will comply with Article 6 ECHR and Directive 2010/64/EU. Italian law provides procedures for translation and interpretation, and the applicant did not demonstrate a real risk of flagrant denial of justice. The proposed ground of appeal is unarguable.

Court Disposition

Application for permission to appeal dismissed