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The High Court has ordered the surrender of an individual to Italy to serve the remaining sentence for drug trafficking offenses, rejecting objections based on the European Convention on Human Rights and concerns over trial in absentia. The court found that the issuing judicial authority provided sufficient assurances for a retrial or appeal, as required by law, and that the delay in issuing the European Arrest Warrant did not result in exceptional circumstances that would engage Article 8 of the European Convention on Human Rights to a degree that would make the surrender disproportionate.
European Arrest Warrant (EAW), surrender, Italy, drug trafficking, trial in absentia, European Convention on Human Rights (ECHR), Article 8, Framework Decision, mutual trust and confidence, Section 45 of the European Arrest Warrant Act 2003, delay, family and personal life, retrial, appeal, proportionality, Section 37 of the European Arrest Warrant Act 2003, Section 16 of the European Arrest Warrant Act 2003, Presidential Decree No. 309/1990, Court of Cassation, Court of Appeal of Turin, Ordinary Court of Turin.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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