Extradition suspended: the TAR blocks the decree of the Minister of Justice

THE LAZIO TAR SUSPENDS THE DECREE OF THE MINISTER OF JUSTICE ORDERING EXTRADITION TO THE UNITED STATES

With a monocratic decree of April 16, 2025, the Regional Administrative Court for Lazio – First Section – accepted the precautionary request filed against the decree of the Minister of Justice which had granted the extradition of a citizen detained in Italy to the United States of America.

The ministerial measure, adopted on March 27, 2025 and notified a few days later, authorized the handover to the US authorities in execution of an arrest warrant issued by the District Court for the Northern District of California for a series of offenses – including violations concerning intellectual property and interstate commerce – allegedly committed between 2011 and 2012.

INTERIM PROTECTION OF THE RIGHT TO HEALTH AND THE RIGHT TO BE HEARD (CONTRADDITTORIO PROCESSUALE)

The administrative appeal raised issues of manifest unreasonableness, highlighting the need to guarantee the applicant, who is currently confined to a penitentiary health area, full access to ongoing treatments and clinical assessments.

The request for suspension also emphasized the concrete risk that the extradition would be carried out before the administrative judge could rule in a collegiate session, frustrating the possibility of effective protection.

THE EVALUATION OF THE LAZIO TAR

The TAR recognized the validity of the monocratic request, observing that the applicant's continuing detention condition in itself guarantees compliance with the precautionary needs of the judicial authority. In this context, the suspension of the effectiveness of the ministerial decree is consistent with the principle of due process (giusto processo), insofar as it allows the applicant to exercise his right to defense and to receive adequate medical care before any handover to foreign authorities.

NEXT DEVELOPMENTS

The suspension will remain effective until May 7, 2025, the date on which the collegiate hearing for the full precautionary measure will be held. The decree, therefore, is interim in nature and reflects a prudent balance between the public interest in the execution of extradition and the need to protect the individual.

LEGAL SIGNIFICANCE OF THE DECISION

The ruling is part of a consolidated jurisprudence that recognizes the absolute prevalence of fundamental rights – in particular the right to health (art. 32 Cost.) and the right to an effective remedy (art. 24 Cost. and art. 13 ECHR) – even in international judicial cooperation procedures.

Legal Aid continues to offer highly qualified legal assistance in matters of extradition and human rights, guaranteeing competent and timely technical defense in Italian and supranational judicial forums.