Communicated on 14 November 2019
THIRD SECTION
Applications nos. 38981/19 and 42871/19
Gabriele BIONDO
against Spain
lodged on 16 July 2019 and 2 August 2019 respectively
SUBJECT MATTER OF THE CASES
The applications concern the applicant’s extradition to the United States of America.
The US authorities transmitted a request to the Spanish authorities for the applicant’s provisional arrest with a view to his extradition. The applicant had been charged with criminal offences related to drug trafficking. The Audiencia Nacional granted the extradition request on condition that the US authorities provided a guarantee that any life sentence that was handed down would not be irreducible. The court later found that the assurances given by the US authorities were sufficient. On an unspecified date the applicant was extradited to the United States of America.
QUESTION TO THE PARTIES
In view of the applicant’s extradition to the United States of America, was he exposed to the risk of treatment contrary to Article 3 of the Convention? In this connection:
(a) Does the applicant risk being sentenced to life imprisonment (see López Elorza v. Spain, no. 30614/15, 12 December 2017)?
(b) If so, would a life sentence be irreducible de jure and de facto? In particular, are the provisions of US legislation governing the possibilities for reduction of life sentences and Presidential pardons, and the assurances given by the US authorities in the present case, consistent with the requirements of Articles 3 of the Convention (see Trabelsi v. Belgium, no. 140/10, 4 September 2014, and Vinter and Others v. the United Kingdom [GC], nos. 66069/09 and 2 others, 9 July 2013)?
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