Cerere de extrădare pasivă formulată de Federația Rusă. Persoană extrădabilă, cetățean al Federației Ruse și al Republicii Moldova, aflat pe teritoriul României
Passive extradition request drafted by the Russian Federation. Extraditable person, citizen of the Russian Federation and the Republic of Moldova, located on the territory of Romania

Summary/Abstract: From the interpretation of the text of the law provided by art. 22 para. (2) from Law no. 302/2004 republished, it follows that this optional impediment to extradition occurs whenever, as a result of the surrender, the extraditable person's situation risks being substantially negatively affected, regardless of the factors that generate such a risk. The analyzed legal provision indicates, only by way of example, the age or the state of health of the person, without, however, limiting the impediments to extradition to these last two elements. The circumstance that on March 15, 2022, the Russian Federation initiated the withdrawal procedure from the Council of Europe, the uncertainty of respect for human rights and fundamental freedoms in the requesting state being also highlighted in the European Parliament Resolution of 04/07/2022, regarding the intensification of repression in Russia, indicates a denial of the jurisdiction of the European Court of Human Rights and consequently calls for increased prudence in assessing the consequences that extradition to the Russian Federation could have. Once the systemic nature of the inhumane or degrading conditions of preventive detention, as well as the violation of fundamental human rights in the requesting state, is revealed, the effects of this finding are inevitably reflected in the individual cases of deprivation of liberty, pending trial.

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