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    • Brief

    McCallum v. Italy

    Amicus Curiae to the Grand Chamber of the European Court of Human Rights.

    Argument: Article 3 of the ECHR absolutely prohibits the infliction of torture and inhuman or degrading treatment or punishment. In a series of major decisions since 2013, the Grand Chamber of the ECtHR has spelt out the criteria according to which sentences of life imprisonment must be implemented to ensure that Article 3 is not infringed. If life sentences meet these criteria, they can be imposed and implemented consistently with Article 3. Article 3 also governs extradition from member states. When a member state receives an extradition request, it has a duty to assess prospectively whether allowing extradition may result in a life sentence in the requesting state that would infringe Article 3, as interpreted by the ECtHR. This does not impose a burden on a non-member state seeking extradition, but on the member state from which extradition is sought. Such member state must ensure that its actions in allowing extradition do not foreseeably result in the Article 3 rights of a person in its jurisdiction later being infringed by a non-member state. The amici curiae submit in this intervention that the criteria developed by the ECtHR in respect of life imprisonment should be applied when deciding whether Italy is justified in extraditing McCallum to stand trial in Michigan, where she will be sentenced mandatorily to Life Without Parole (LWOP) if she is convicted of first-degree murder.