A Mafia boss has stepped up his legal battle over his extradition to Italy, claiming that if extradited he will be exposed to cruel and degrading treatment.

In a case filed before the First Hall of the Civil Court in its Constitutional jurisdiction, Sebastiano Brunno also claimed a breach of his fundamental right to a fair trial.

Mr Brunno, known as the head of the Nardo Cosca, a branch of the Sicilian Cosa Nostra, was arrested in Buġibba on October 2 last year, five years after the Sicilian police mounted an extensive hunt for him.

The arrest followed an international investigation coordinated by the Catania anti-Mafia unit with the Maltese Criminal Investigation Department and Drug Squad.

In December, a court acceded to a request by the Italian authorities to send Mr Brunno, 56, back in his homeland to serve a life sentence he received over the 1992 murder of Agnello Nicolo.

The Italian authorities also want Mr Brunno over an attempted murder in September of the same year, but the conviction on that crime had been overturned on appeal.

Magistrate Aaron Bugeja, in the first court, said this mistake in the request did not change its substance and the judgment handed down by the Sicilian court and confirmed on appeal proved that Mr Brunno had not served time in jail over the murder.

The decision to extradite him was also confirmed on appeal at the beginning of the year by Mr Justice Antonio Mizzi.

In his application, his defence lawyer, Roberto Montalto, said that according to the penal code that gives the Italian government the right to suspend certain rights of prisoners, if extradited Mr Brunno will be placed in solitary confinement, sometimes in cells without any windows.

Dr Montalto said the Appeals Court had failed to appreciate this argument made during submissions and had overlooked it. He claimed this alone was in breach of his fundamental human right to a fair hearing.

The application was filed against the Attorney General and the Justice Minister.