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An Albanian drug dealer who allegedly entered the UK illegally says he can’t be extradited to Italy as the lack of hot water in its prisons breaches his human rights.
Maringlen Qefalia, 41, is being pursued by Italian authorities to serve a five-year jail term for supplying 1.5kg of cocaine.
But the dealer is thought to have arrived in the UK in 2022 and is now citing his article three rights under the European Convention of Human Rights (ECHR) to make sure he does not return to Italy to be placed behind bars.
The article is normally used to protect against inhuman or degrading treatment or punishment and against torture, but Qefalia is concerned about the temperature of the water in the southern European country’s prisons.
The drug dealer opted to give no evidence in his extradition proceedings, instead calling on Alessio Scandurra, an expert witness working for the Antigone organisation, a non-profit association.
Mr Scandurra claimed hot water provision in Italy’s jails was ‘variable’ and some cells overheated in the summer weather.
Prisoners are allowed to purchase fans to cool down but the expert suggested at least 50 per cent of those he has visited did not have fans.
He added that many cells also do not meet the square footage stipulations of the ECHR, not allowing inmates the space to exercise.
Albanian drug dealer Maringlen Qefalia, pictured, who allegedly entered the UK illegally, says he can’t be extradited to Italy as the lack of hot water in its prisons breaches his human rights
Cells must offer at least a nine-square-metre capacity per prisoner, with a further five square metres for every additional inmate, regulations state.
A court was told: ‘A number of prisons were not built as prisons, such as convents or military facilities, and they can have single cells that do not meet the requirement.
‘In some prisons with 150 per cent occupancy, the main impact on the cell itself can have nine square metres, which excludes sanitary facilities, and he said you can find cells with a bunk bed with three beds meaning the highest one is close to the ceiling.
‘Prisoners could not all sit around the cell table together. These conditions affect the organisation of prisoner access to facilities such as fresh air as there are not enough staff.’
Adam Squibbs, who represented Italy in the extradition trial, claimed cells would follow the rules even with a 300 per cent occupancy, The Telegraph reports.
He said that even though some of the older buildings might have smaller cells, no evidence existed as to how much smaller these were.
Mr Squibbs insisted that closed detention conditions offered opportunities for work and education outside.
He argued that, even if taken at face value, overall material conditions did not breach the ECHR article.
Hot water was not always available, forcing some inmates into cold showers, he admitted, but this was not a breach of their rights.
Qefalia had provided security of £2,000 in his bail application, Mr Squibbs said, so the evidence suggested he could afford a fan in his cell.
The judge rejected his extradition challenge, saying that Qefalia was aware of ‘the criminal process’ that would follow once he fled Italy.
He rejected the hot water arguments thanks to a lack of evidence on how shortages might affect inmates.
