On 28 March 2023, the French Cour de Cassation upheld the decision of 29 June 2022 whereby the Cour d’appel of Paris had ruled that ten of the former members of the left-wing terrorist organization known as the Red Brigades – who had found refuge in France for almost 40 years – should not be extradited to Italy. The Italian Government, which in January 2020, with the support of the French authorities, had requested the extradition of the former terrorists,[1] condemned the decision of the Cour de Cassation, thus continuing the never-ending debate on the political gradient of extradition.[2]
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The Position of the Ministry of Justice on the Prohibition of Extradition of Terrorist Suspects
CHAMBER OF DEPUTIES, XVII LEGISLATURE, 17th MEETING, 16 MAY 2013 – QUESTION TIME.
On 16 May 2013, the Undersecretary of State for Justice, Mr. Cosimo Maria Ferri, outlined before the Chamber of Deputies the reasons leading to the Decreto Ministeriale of 24 April 2013, which granted the extradition of a Spanish terrorist suspect to Spain. In such country, special detention conditions, which have been the object of ECHR judgments and criticisms by human rights NGOs, apply for terrorist suspects. The extradition had been previously approved by both the Court of Appeal of Rome and the Supreme Court of Cassation. In his statement, Mr. Ferri referred to the decision of the Court of Cassation as follows:
