FLASH
Shkruar nga Pamfleti
An Albanian drug trafficker suspected of illegally entering the UK says he cannot be extradited to Italy because the lack of hot water in its prisons violates his human rights.
Maringlen Qefalia, 41, is being pursued by Italian authorities to serve a 5-year prison sentence for supplying 1.5 kg of cocaine.
But he is thought to have arrived in the UK in 2022 and is now citing his third article of rights under the European Convention on Human Rights (ECHR) to ensure he is not returned to Italy to face prison.
The article is normally used to protect against inhuman or degrading treatment or punishment and from torture, but Qefalia is concerned about the water temperature in the southern European country's prisons.
The drug trafficker chose not to give evidence in his extradition proceedings, instead calling Alessio Scandurra, an expert witness working for the Antigone organization, a non-profit association.
Scandurra claimed that the hot water supply in Italian prisons was "variable" and some cells became very hot during the summer.
Prisoners are allowed to buy ventilators to cool themselves, but the expert suggested that at least 50 percent of those he visited did not have ventilators.
He added that many cells also do not meet the ECHR's square footage requirements, preventing prisoners from having the space to exercise.
Cells must provide at least a capacity of nine square meters for each prisoner, with an additional 5 square meters for each additional prisoner, regulations state.
He told the court: “A number of prisons were not built as prisons, such as monasteries or military facilities, and they may have single cells that do not meet the requirements.”
In some prisons where there are over 150 percent more prisoners, the main shortage is related to the lack of sanitary facilities, and he said you can find cells with a bunk bed with three beds, meaning the highest one is near the ceiling.
"The prisoners could not all sit together around the cell table. These conditions affect the organization of prisoners' access to facilities such as fresh air, as there is not enough staff."
Adam Squibbs, who represented Italy in the extradition trial, claimed that the cells would follow the rules even at a 300 percent capacity, The Telegraph reports.
He said that although some of the older buildings may have had smaller cells, there was no evidence of how much smaller these were.
Squibbs insisted that the closed conditions of detention offered opportunities for work and education outside.
He argued that, even if taken at face value, the general material conditions do not violate the ECHR article.
Hot water was not always available, forcing some prisoners to shower with cold water, he admitted, but this did not constitute a violation of their rights.
Qefalia had offered a £2,000 bond in his bail application, Mr Squibbs said, so the evidence suggested he could afford a ventilator in his cell.
The judge rejected his extradition request, saying that Qefalia was aware of the “criminal process” that would follow after he left Italy.
He dismissed the hot water arguments due to a lack of evidence on how deprivations can affect prisoners. / Adapted from Daily Mail /
Lini një Përgjigje