Extradition Between Italy and Singapore: Legal Framework and Possible Defenses
Extradition between Italy and Singapore is a complex topic involving international criminal law and the fundamental rights of individuals. Although no direct extradition treaty exists between the two countries, requests can still be made based on reciprocity and domestic legal provisions.
Is There an Extradition Treaty Between Italy and Singapore?
Currently, Italy and Singapore have not signed a bilateral extradition treaty. However, this does not prevent an extradition request from being submitted and evaluated by the competent authorities.
In the absence of a specific treaty, requests are handled through:
- Diplomatic channels, with a formal request submitted by the Italian Ministry of Justice.
- Interpol, which may issue a Red Notice at Italy’s request.
- The principle of reciprocity, whereby a country may grant extradition if it believes the other State would do the same under similar circumstances.
When Can Extradition Be Granted?
Singapore evaluates each extradition request on a case-by-case basis, taking into account several factors, including:
- The seriousness of the offense, especially economic, financial, and corruption-related crimes.
- Compatibility with Singaporean law, checking whether the alleged crime is also recognized under local law (principle of dual criminality).
- Fair trial guarantees, ensuring that the individual will not face violations of fundamental rights if extradited.
When Can Singapore Refuse Extradition?
Extradition between Italy and Singapore is not automatic and can be denied in specific situations:
- Political offenses, if the individual is being prosecuted for political opinions or activism.
- Risk of inhuman or degrading treatment, if it can be shown that extradition would expose the person to human rights violations.
- Absence of dual criminality, meaning the offense is not recognized as a crime under Singaporean law.
Defense Against Extradition
If subject to an extradition request, it is essential to adopt an effective legal strategy to challenge the request and protect one’s rights.
Key defense actions include:
- Challenging the extradition request, by demonstrating the absence of legal requirements.
- Filing appeals with local authorities, to obtain legal protection and ensure proper judicial procedures.
- Safeguarding fundamental rights, opposing extradition in cases involving risk of persecution, torture, or unfair trials.
