Albanian fugitive fights extradition citing Italy’s acold situation showers. Photo Credit: Jonathan Cooper via Unsplash
AN ALBANIAN supplier trader who is alleged to person entered nan UK illegally is arguing that he cannot beryllium extradited to Italy connected nan grounds that nan deficiency of basking h2o successful Italian prisons infringes upon his quality rights. Maringlen Qefalia, accused of supplying 1.5 kilogrammes of cocaine and being pursued by Italian authorities to service a 5-year jailhouse term, allegedly fled Italy and arrived successful nan UK successful 2022.
Fugitive alleges acold confinement
The 41-year-old Albanian man is presently citing his article 3 authorities nether nan European Convention of Human Rights (ECHR), usually cited to protect against degrading curen and punishments, arsenic good arsenic torture. Qefalia claims he cannot beryllium placed down bars successful Italy owed to nan deficiency of basking h2o successful prisons.
Qefalia gave nary grounds successful his extradition proceedings, choosing alternatively to telephone connected an master witnesser who useful for nan Antigone non-profit organisation, Alessio Scandurra. Antigone is an organisation that advocates for various societal issues, including justice, quality authorities and penal policy.
An master witness, who has visited galore prisons
According to Scandurra, who has visited galore prisons, nan basking h2o successful Italy’s prisons is “variable” and its situation cells tin moreover overheat during nan summertime. Scandurra highlighted that though prisoners tin acquisition fans to cool down, immoderate 50 per cent of those he has visited did not person them. He besides added that galore cells do not meet nan quadrate metre regulations of nan ECHR, which specify that inmates should person capable room to workout if they wish.
According to nan ECHR, cells must beryllium astatine slightest 9 quadrate metres, pinch an further 5 quadrate metres for each inmate sharing nan cell.
Reportedly, a tribunal was told that immoderate prisons successful Italy were not primitively intended to beryllium prisons, including convents and subject facilities, and frankincense whitethorn not meet nan requirements outlined by nan ECHR. Additionally, immoderate cells contained a bunk furniture pinch 3 beds, making nan highest 1 excessively adjacent to nan ceiling, and prisoners did not person capable room to beryllium together astir nan cell’s table.
Italy bites back: deficiency of basking h2o is not a breach of rights
Italy’s typical successful nan extradition proceedings, Adam Squibbs, based on that moreover though immoderate of nan buildings whitethorn person smaller cells, nary grounds was provided arsenic to really overmuch smaller they were and if they breached regulations. Additionally, nan mini conditions of nan cells encouraged prisoners to socialise, activity retired in-prison acquisition programmes, and work.
Squibbs admitted that basking h2o was not ever disposable successful nan prisons, but that this was not an infringement connected quality rights.
Ultimately, nan judge rejected Qefalia’s situation of nan extradition, stating that nan fugitive had been alert of nan process that would travel erstwhile he fled Italy.
“Maringlen Qefalia is simply a fugitive successful nan method sense. I americium rather judge that he near Italy pinch afloat knowledge of nan criminal process, nan condemnation remaining to beryllium served, and without announcement to nan Italian authorities,” said nan judge. “He knowingly and deliberately placed himself beyond nan scope of Italian justice.”
A lawsuit that sparked debate: Do European prisons breach quality rights?
Though nan judge yet rejected Qefalia’s challenge, he did work together that basking showers mightiness beryllium basal during a acold wintertime successful a situation successful bluish Italy, but that a acold ablution mightiness moreover beryllium preferable successful nan southbound of nan country. The lawsuit poses an absorbing mobility arsenic to whether, if location had been evidence, nan deficiency of these accommodation would person changed nan result of Qefalia’s situation and to what degree.
According to a report made by Monica Aranda Ocaña astir situation conditions successful Spain successful 2025, from nan European Prison Observatory organisation, prisoners successful Spain mention a deficiency of basking h2o successful nan wintertime: “[T]he inmate’s complaints are related pinch deficiency of model panes, nan deficiency of basking h2o successful wintertime and we must retrieve nan rat extermination that occurred successful nan situation of Valencia, aliases nan bedbug infestation suffered successful jailhouse Model successful Barcelona recently,” said nan report, citing different incidents successful Spain.
Very precocious temperatures whitethorn ‘affect prisoners’ aggression’
Another source, Prison Insider, an open-access accusation level that intends to forestall violations of quality rights, besides cites a deficiency of basking h2o successful Spanish prisons: “There is nary limit to nan number of showers that inmates tin return successful a week. Inmates kick of a deficiency of basking h2o successful winter.”
Prison Insider states that establishments are equipped pinch a heating system, though location are immoderate caveats: “Some inmates kick of a deficiency of heating successful nan cells and authorities that only definite communal areas are heated. At Cordoba prison, cells are equipped pinch aerial conditioning units. However, these are retired of service. In general, establishments are not equipped pinch aerial conditioning systems. The management has noted that very precocious temperatures tin impact prisoners’ levels of aggression.”
Andalucia is besides referenced. “Despite nan exceptionally basking summers successful Andalusia, prisons successful nan region do not person air-conditioning. In 2021, nan APDHA (a not-for-profit organisation concerned pinch quality authorities successful nan Andalusia region) brought nan matter to nan attraction of nan authorities.”
Ongoing situation observation, essential
The deficiency of basking h2o and wide somesthesia power accommodation successful prisons seems to beryllium wide passim Europe, pinch varying degrees of consistency. Additionally, overcrowding of prisons is simply a problem successful galore European countries, including France. Investigations and reports, specified arsenic those done by nan European Prison Observatory, are basal for a glimpse into nan regular life of prisoners and to guarantee their quality authorities are not being breached and that each regulations are met.
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