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Battisti , n 273714, Conseil d'Etat, 18 mars 2005, AJDA 2005 Jurisprudence p. 630

Facts: the plaintiff M. Cesare Battisti, an Italian citizen, was sentenced to life imprisonment and isolation during the day for 6 months by the Italian Courts in 1993. He was convicted of manslaughter with aggravating circumstances on a prison officer and on a police agent. After that conviction, M. Battisti resided legally in France. On May 30, 2004, the Court of Appeals of Paris granted the extradition of M. Battisti to Italy requested by the Italian Government, to implement the sentence taken by the Italian Courts. The plaintiff asked for the cancellation of the Decree of October 2004 whereby the French Prime Minister granted to the Italian authorities his extradition to France to implement his sentence in Italy. M. Battisti claimed that the extradition violated article 3, 6 and 8 of the European Convention and that he had the right to remain in France.

Holding: the Conseil d'Etat rejected the plaintiff's claim and ruled that the extradition was legal.

Reasoning: the extradition of the plaintiff was requested by the Italian Government only for the implementation of the sentence and not for political reasons as the plaintiff claimed. There was therefore no violation of article 3 of the European Convention. Moreover, the charges against M. Battisti which led to his sentence and were grounded on declarations from witnesses were not contrary to the French public order and did not constitute a violation of article 6 of the European Convention by the Italian authorities. The extradition did not violate article 8 of the European Convention (right to private and family life) either because it was implemented under the strict conditions set by the regulations and was in the interest of public order and for the implementation of the sentence of the plaintiff.

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