CEDH · CASELAW;COMMUNICATEDCASES;ENG — 3 mars 2023

.s800EAC49 { font-size:12pt } .s379BC09C { margin-top:36pt; margin-bottom:0pt; text-align:right } .sBB9EE52A { font-family:Arial } .s10950C61 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s339D85E6 { margin-top:0pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s665E407E { margin-top:66pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s29100277 { font-family:Arial; font-weight:bold } .sA36B60A1 { font-family:Arial; font-style:italic } .s32563E28 { margin-top:0pt; margin-bottom:0pt } Published on 20 March 2023   FOURTH SECTION Application no. 44528/22 C.W. against Portugal lodged on 12 September 2022 communicated on 3 March 2023 SUBJECT MATTER OF THE CASE The case concerns the pending extradition of the applicant from Portugal to the United States of America where he is set to stand trial for fraud, conspiracy and aggravated identity theft. The extradition was granted by the Coimbra Court of Appeal on 15 March 2022 and upheld by the Supreme Court on 12 May 2022. At the date of the latest information available to the Court, the applicant’s appeal to the Constitutional Court was still pending. Under Articles 2 and 3 of the Convention, the applicant alleges that his transfer by air to the United States of America would put his life and physical health in serious danger in view of the serious risk of the rupture of two cerebral aneurysms. Under the same Articles of the Convention, the applicant alleges that his extradition would represent a serious risk to his life and mental health due to his psychiatric health issues, namely major depressive disorder, panic/anxiety syndrome and attention deficit hyperactivity and bipolar disorders, with a risk of suicide. He also considers that while in detention in the United States of America he would receive inappropriate psychiatric medical assistance. The applicant also complains, under Article 8 of the Convention, that by depriving him of the treatment he requires and of the necessary and essential support of his family to avoid the risks of decompensation and suicide, his extradition would breach his right to private and family life. Under Article 13 of the Convention, in conjunction with Articles 2 and 3, the applicant alleges that the national authorities, by rejecting his allegations without any substantive analysis or close scrutiny, have deprived him of an effective remedy for violations of the Convention. QUESTIONS TO THE PARTIES 1. Has the applicant exhausted all effective domestic remedies in respect of all his complaints, including as regards the risk to his life in case of transfer by aeroplane to the United States of America, as required by Article 35 § 1 of the Convention?   2. If so, in view of the applicant’s medical condition, if he were to be extradited to the United States of America:   2.1. Would there be a real risk of a breach of Articles 2 and 3 of the Convention in the event of a transfer by aeroplane (see Khachaturov v.   Armenia , no. 59687/17, § 90, 24 June 2021)?   2.2 Would there be a real risk of a breach of Article 3 of the Convention on account of the material conditions of detention, in particular regarding the lack of access to appropriate medical assistance in prison facilities in the United States and his personal family situation (see J.K. and Others v. Sweden [GC], no. 59166/12, § 79, 23 August 2016, and, mutatis mutandis , Aswat v.   the United Kingdom , no. 17299/12, § 50, 16 April 2013)?   3. Did the national authorities make a due assessment of the applicant’s claim about the risks involved in his transfer and in his extradition (see Savran v.   Denmark [GC], no. 57467/15, §§ 130 and 133-136, 7 December 2021, and Paposhvili v. Belgium [GC], no. 41738/10, §§ 184-192, 13 December 2016)?