Gallardo Sanchez v. Italy (application no. 11620/07) (AİHS md. 5)

Gallardo Sanchez v. Italy kararı, suçluların iadesi ile ilgilidir. Burada, bir Venezuela vatandaşı, Yunanistan’a iade edilmek üzere İtalya’da aşırı uzun tutulmuştur. Bu da, somut olayın koşulları ışığında, özgürlük ve güvenlik hakkının ihlaline yol açmıştır. 

Gallardo Sanchez v. Italy kararı, “http://hudoc.echr.coe.int/” adresinden erişilebilirdir.
 
Gallardo Sanchez v. Italy kararının basın duyurusu, “http://hudoc.echr.coe.int/webservices/content/pdf/003-5045656-6202793” adresinden erişilebilirdir.

Bu basın duyurusunun özeti, İngilizce haliyle, aşağıdaki gibidir:

In today’s Chamber judgment in the case of Gallardo Sanchez v. Italy (application no. 11620/07) the European Court of Human Rights held, unanimously, that there had been:

a violation of Article 5 § 1 (f) (right to liberty and security) of the European Convention on Human Rights.

The case concerned the excessive length of a Venezuelan national’s detention in Italy with a view to his extradition to Greece.

The Court found that deprivation of liberty could be lawful in terms of domestic law but still arbitrary and thus contrary to the European Convention. Deprivation of liberty under Article 5 of the Convention was justified only for as long as extradition proceedings were being conducted.

Accordingly, where the proceedings were not conducted with due diligence the detention ceased to be justified.

The Court held in particular that in the context of an extradition allowing the requesting State to try a defendant, the criminal proceedings were still pending, the person detained with a view to extradition was presumed innocent, their ability to exercise their defence rights was considerably

limited, or even non-existent, and the authorities of the requested State were debarred from undertaking any examination of the case on the merits. For all those reasons the requested State was required to act with special diligence. However, Mr Gallardo Sanchez had been detained with a view to extradition for one and half years and the judicial phase.