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Extradition and Alternative Measures: A Legal Insight

In the legal world, understanding the extradition process and its associated legal implications is essential. In this article, we will examine a specific case involving Mr. Sanchez, a Mexican citizen, embroiled in an extradition dispute in the United Kingdom. We will delve into the compatibility of Article 3 of the ECHR with a life sentence and the role of alternative measures in the context of “legal safeguards and due process.”

The Context of the Sanchez Case

The case revolves around Mr. Sanchez, who was placed under preventive arrest in the United Kingdom at the request of US authorities for drug trafficking-related offenses. The potential penalty in the United States was life imprisonment. The primary issue addressed by the Strasbourg Court was whether such a sentence was compatible with Article 3 of the ECHR, which prohibits “torture and inhuman or degrading treatment or punishment.” Mr. Sanchez raised the argument of the lack of alternative measures to detention in the United States.

The Importance of Alternative Measures

The UK Supreme Court, following the principles of the ECHR, held that life imprisonment “without the possibility of sentence review” constitutes a violation of human rights. The impossibility of release is considered degrading and inhuman treatment. The Court reiterated the general principle that extradition is problematic only if there is a concrete risk of inhuman and degrading treatment. In this case, the Court referred to the Trabelsi judgment. Therefore, the Strasbourg Court rejected Mr. Sanchez’s objections and granted extradition.

The Future of “Legal Safeguards and Due Process”

In light of the above, we hope that the Italian and European legislatures continue down the path of “legal safeguards and due process.” It is important to promote activities and tools that facilitate the reintegration and self-determination of convicts. Furthermore, the application of alternative measures to detention can play a significant role in the legal system.