BY: Dr. Hana Saada
ALGIERS- The Italian Council of Ministers has formally approved the extradition treaty between Algeria and Italy, ushering in a new era of cooperation in legal matters between the two nations. This treaty introduces simplified and temporary procedures for extradition, along with clearly defined cases of refusal and organized extradition operations based on precautionary procedural measures or executive judicial decisions.
The endorsement of this agreement occurred during a session of the Italian Council of Ministers held on Thursday, as announced by the Chigi Palace (prime ministry). The approved draft law includes the ratification and implementation of the extradition treaty signed between the Italian Republic and the People’s Democratic Republic of Algeria on July 22, 2003, in Algiers. Additionally, an exchange of letters between the Italian government and its Algerian counterpart, signed in Palermo on September 29, 2023, further solidified the terms of cooperation.
The ratification of this agreement, proposed by the Minister of Foreign Affairs and International Cooperation, Antonio Tajani, obligates the signatory countries to facilitate the extradition of wanted individuals. Extradition requests may be based on precautionary procedural measures or executive judicial decisions that have attained finality.
The Italian government clarified that the agreement delineates the crimes falling under its purview, outlines extradition request procedures, and specifies conditions under which extradition may be refused.
In a statement issued alongside the exchange of letters last September, between the Minister of Justice, Abderrachid Tabi, and his Italian counterpart, Carlo Nordio, the Italian Ministry of Justice underscored that extradition would be subject to the condition that the death penalty not be applied if the legislation of the country of origin allows for it. This condition also applies if the death penalty is pronounced but not enforced.
The extradition of convicted criminals to Algerian authorities will be conducted in accordance with the terms outlined in the signed agreement. It is notable that while the Algerian judicial authorities may impose the death penalty in certain cases, its implementation has been suspended since 1993.
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