THIRD SECTION
DECISION
Applications nos. 38981/19 and 42871/19
Gabriele BIONDO against Spain
The European Court of Human Rights (Third Section), sitting on 7 July 2020 as a Committee composed of:
Helen Keller, President,
María Elósegui,
Ana Maria Guerra Martins, judges,
and Olga Chernishova, Deputy Section Registrar,
Having regard to the above applications lodged on 16 July 2019 and 2 August 2019 respectively,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Gabriele Biondo, is an Italian national, who was born in 1975 and used to live in Lloret de Mar (Catalonia). He was represented before the Court by Mr M. Ollé Sesé, a lawyer practising in Madrid.
The Spanish Government (“the Government”) were represented by their Agent, Mr A. Brezmes Martínez de Villarreal, State Attorney.
On an unspecified date the applicant was extradited to the United States of America. He had been charged with criminal offences related to drug trafficking. He is currently being held in pre-trial detention in Boston.
The applicant complained that his extradition to the United States of America exposed him to the risk of an irreducible life sentence, in breach of the requirements of Article 3 of the Convention. He argued that the assurances given by the US authorities in the present case were not consistent with the Convention. He also complained under Article 6 § 1 of the Convention and Article 4 of Protocol No. 7.
On 14 November 2019 the Court decided to give notice to the Government of the applicant’s complaint under Article 3 of the Convention, and to declare inadmissible the remainder of the applications.
By a letter of 5 June 2020, the applicant’s representative informed the Court that the applicant wanted to withdraw the applications. He stated that the withdrawal of the applications lodged with the Court was a condition imposed on the applicant by the US authorities – in particular the Office of the Prosecutor – in order to reach an agreement within the framework of the criminal proceedings followed against him in the United States of America. The applicant’s representative included a message from the applicant, which read as follows:
“... I, Gabriele Biondo, currently detained in the United States [of America], feel obliged to remove (quitar) the appeal (recurso) submitted to the [Court] in order to reach an agreement with the Office of the Prosecutor of the United States [of America], and thus recover my freedom soon. For this reason I request and authorise you, as my counsel in Spain, to do that ...”
In view of the above-mentioned letter, on 26 June 2020 the Government requested the striking-out of the case pursuant to Article 37 § 1 (a) of the Convention.
THE LAW
Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
In the light of the foregoing, and in the absence of any special circumstances regarding respect for the rights guaranteed by the Convention or its Protocols, the Court, in accordance with Article 37 § 1 (a) of the Convention, considers that it is no longer justified to continue the examination of the applications.
In view of the above, it is appropriate to strike the cases out of the list.
For these reasons, the Court, unanimously,
Decides to join the applications;
Decides to strike the applications out of its list of cases.
Done in English and notified in writing on 10 September 2020.
Olga Chernishova Helen Keller
Deputy RegistrarPresident
Full & Egal Universal Law Academy