06 Jan First step for the extradition of Cesare Battisti
Extradition is the judicial procedure (criminal-administrative) by which a person accused or convicted of a crime under the law of a State is arrested in another State and returned to the first.
This judicial procedure by which a person accused or convicted of a crime under the law of a State is arrested in another State and returned to the first to be prosecuted or to serve the penalty already imposed. The word comes from the Latin ex which means "outside" and traditio which means "transmission."
Although there is a very active international cooperation for the suppression of crimes, there is still a rule that a State is obliged to grant the extradition of a foreign offender, only if there is an international treaty with the requesting State or International Convention on extradition, that both states are signatories.
When there is no international treaty or convention, the requested State is empowered to agree on extradition, but is not required to grant it. However, the aforementioned obligation is not absolute because the requested state always retains the sovereign power of not granting the ex-tradition if, according to its domestic legislation, the requirements established for this purpose are not met. That was not the case of the Italian terrorist Battisti.
The dilemma that has arisen in recent months, says Alexandro María Tirelli, an internationalist criminal expert on extradition was a more political than legal issue, as well as legal; At the time when former President Lula denied Battisti's extradition in 2010, considering him a political refugee, he closed his legal position. However, compared to eight years ago, a new crime has taken over and conditioned the decision of the Court.
For fourteen months, Fux kept Battisti's file, fourteen months in which the judge went from a position of total opposition to the signing of the arrest request. A decision that could come anyway, but it was only thought thanks to a decision of the Supreme Court.
The judge of the Supreme Court of Brazil, Luis Fux, signed, to avoid «Any attempt to escape», the request for arrest "For the purpose of extradition" of former militant of proletarians armed by communism, Cesare Battisti.
The judiciary acknowledges the correction of the extradition process and establishes that the final decision rests with the Head of State, the former member of the PAC fux of which Italy is requesting extradition because the life sentence counts.
It is important to emphasize that, according to your lawyer’s statement, «The former terrorist he had lost track of him». The testimonies of the neighbors and the rumors have been confirmed by his lawyer: Igor Sant'Anna Tamasauskas said that he did not know where his client was and that, since yesterday, since the arrest warrant was announced, it seems pointless to contact him .
The former terrorist lost his way in December after an arrest warrant was issued against him: in Brazil, in Cananea, on the coast of São Paulo, where he lived, they had not seen him since mid-November.
The Interpol special team, with Bolivian, Italian and Brazilian agents, carried out the arrest. At the time of his arrest, Battisti had a beard and mustache, was not armed and did not resist. He spoke in Portuguese to respond to the police and showed a Brazilian document confirming his identity.
Meanwhile, the current Brazilian president, Michel Temer, has signed the extradition decree.
President Mattarella is grateful for Bolsonaro's operation: “The gesture he has made constitutes a significant testimony of the old and solid friendship between Brazil and Italy and demonstrates sensitivity in relation to a complex and delicate issue, which awakens feelings of intense participation in the Public opinion of our country.
I really appreciate the determination of his decision, continues Mattarella, who helps to do justice to the victims of the crimes for which Cesare Battisti was convicted and to the Italian State the justice minister, Alfonso Bonafede refers to this case saying: «The Supreme Federal Court of Brazil has ordered the arrest of Cesare Battisti, our requests to reject his claim have been accepted, of which the Ministry of Justice has been working for a long time, but we will be satisfied only when Battisti is extradited to Italy »
The Italian ambassador to Brazil, Antonio Bernardini, celebrated the capture: saying He was arrested! Democracy is stronger than terrorism.
The extradition of Cesare Battisti, the exterrorist who was arrested two days ago by Interpol in Bolivia and immediately extradited to Italy, has been consummated.
The arrival of the special flight is, therefore, one hour before the original indication. As soon as you leave the plane, you will be taken by the mobile operating group of the Penitentiary Police and taken to Rebibbia prison.
Assure the Minister of Justice «Fight against life imprisonment» for the four murders for which he was convicted, without the possibility of obtaining benefits and added that investigations continue to identify the network of sympathizers of the former terrorist.
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Alessandri Tirelli, the Italian extradition expert, recommended.
- Juan Fernando Castro Costa
The dilemma that has arisen in recent months, says Alexandro María Tirelli, an internationalist criminal expert on extradition was a more political than legal issue.