Tuesday, December 06, 2005

Extradition from Italy—Benedetto Cipriani

An Italian citizen wanted for a triple homicide in Connecticut is fighting his extradition to the United States.[1] Benedetto Cipriani, whose extradition seemed to Connecticut prosecutors a done deal, has filed a motion to stay extradition proceedings against him.[2] Earlier this year, Mr. Cipriani’s extradition was ordered by a court in Rome, and an appeal to a higher court failed as that court ruled on September 19 to uphold the lower court’s ruling.[3] At that time, it seemed that Mr. Cipriani had no other legal avenues to pursue. The Italian Justice Ministry must give its final approval to the extradition, and after filing for a stay in the proceedings, it is unclear how long the extradition would be delayed.[4]

Mr. Cipriani was arrested in Italy in April on accusations that he hired three men to kill the husband of a former lover.[5] Just days after three men were found shot to death at a car repair garage, Mr. Cipriani flew to Rome; he claims he has nothing to do with the murder and that he returned to Italy to care for his elderly mother.[6]

from Italy is governed by the extradition between the United States and Italy. According to the treaty, murder is an extraditable offense because it is an offense that is punishable under the laws of both nations by deprivation of liberty for a period of more than one year.[7] This type of dual criminality provision is becoming more popular than the traditional laundry list of extraditable offenses found in treaties with countries such as , , and the

Article IX of the treaty, however, states that if the offense for which extradition is requested is punishable by death under the laws of the requesting party (the United States) and the laws of the requested party (Italy) do not provide for punishment for that offense, extradition shall not be granted unless assurances are given to the requested party that the death penalty will not be imposed. Under Italy’s constitution, Italian citizens will not be extradited if they face the death penalty.[8] There seems to be some debate about whether proper assurances have been provided to Italian authorities that American prosecutors will not seek the death penalty.[9]


[1] , Hartford Courant, Dec. 6, 2005 [hereinafter HC].
[2] Id.
[3] Id.
[4] Id.
[5] Id.
[6] Id.
[7] Extradition Treaty, Oct. 13, 1983, U.S.-Italy, art. II, para. 1.S. Treaty Doc. No. 98-20 (1984).
[8] HC, supra note 1.
[9] Id.

posted by McNabb Associates, P.C. @ 7:48 AM