# C_2015205EN.01002301.xml

| 22.6.2015 | EN | Official Journal of the European Union | C 205/23 |
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22.6.2015

EN

Official Journal of the European Union

C 205/23

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Request for a preliminary ruling from the Augstākā tiesa (Latvia) lodged on 22 April 2015 — Aleksei Petruhhin

(Case C-182/15)

(2015/C 205/31)

Language of the case: Latvian

Referring court

Referring court

Augstākā tiesa

Parties to the main proceedings

Parties to the main proceedings

Applicant: Aleksei Petruhhin

Applicant:

Other party to the proceedings: Latvijas Republikas Ģenerālprokuratūra

Other party to the proceedings:

Questions referred

Questions referred

| 1. | Are the first paragraph of Article 18 and Article 21(1) of the Treaty on the Functioning of the European Union to be interpreted as meaning that, in the event of extradition of a citizen of any Member State of the European Union to a non-Member State under an extradition agreement concluded between a Member State and a third country, the same level of protection must be guaranteed as is guaranteed to a citizen of the Member State in question? |
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1.

Are the first paragraph of Article 18 and Article 21(1) of the Treaty on the Functioning of the European Union to be interpreted as meaning that, in the event of extradition of a citizen of any Member State of the European Union to a non-Member State under an extradition agreement concluded between a Member State and a third country, the same level of protection must be guaranteed as is guaranteed to a citizen of the Member State in question?

| 2. | In those circumstances, must the court of the Member State to which the request for extradition has been made apply the conditions for extradition of the EU State of which the person concerned is a citizen or of that in which he has his habitual residence? |
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2.

In those circumstances, must the court of the Member State to which the request for extradition has been made apply the conditions for extradition of the EU State of which the person concerned is a citizen or of that in which he has his habitual residence?

| 3. | In cases in which extradition must be carried out without taking into consideration the specific level of protection established for the citizens of the State to which the request for extradition has been made, must the Member State to which the request for extradition has been made verify compliance with the safeguards established in Article 19 of the Charter of Fundamental Rights of the European Union, that is, that no one may be extradited to a State where there is a serious risk that he or she would be subjected to the death penalty, torture or other inhuman or degrading treatment or punishment? May such verification be limited to checking that the State requesting extradition is a party to the Convention against Torture or is it necessary to check the factual situation by taking into consideration the evaluation of that State carried out by the bodies of the Council of Europe? |
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3.

In cases in which extradition must be carried out without taking into consideration the specific level of protection established for the citizens of the State to which the request for extradition has been made, must the Member State to which the request for extradition has been made verify compliance with the safeguards established in Article 19 of the Charter of Fundamental Rights of the European Union, that is, that no one may be extradited to a State where there is a serious risk that he or she would be subjected to the death penalty, torture or other inhuman or degrading treatment or punishment? May such verification be limited to checking that the State requesting extradition is a party to the Convention against Torture or is it necessary to check the factual situation by taking into consideration the evaluation of that State carried out by the bodies of the Council of Europe?

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