Supreme Court decides today on Cesare Battisti's extradition.
The First Panel of the Supreme Federal Court (STF) is expected to decide today (24) on the extradition of former activist Cesare Battisti to Italy; the case resurfaced at the beginning of the month, when Battisti was arrested and indicted by the Federal Police (PF) for the crimes of currency evasion and money laundering; the Italian was detained in Corumbá (MS), when he tried to cross the border with Bolivia with undeclared euros and dollars, but was granted the right to await the outcome of the process in freedom.
André Richter - Reporter for Agência Brasil
The First Panel of the Supreme Federal Court (STF) is due to decide today (24) on the extradition of former activist Cesare Battisti to Italy. The case resurfaced at the beginning of the month, when Battisti was arrested and indicted by the Federal Police (PF) for the crimes of currency evasion and money laundering. He was detained in Corumbá (MS), when he tried to cross the border with Bolivia with undeclared euros and dollars, but was granted the right to await the outcome of the process in freedom.
On October 13th, the case's rapporteur minister, Luiz Fux, granted a request made by the Italian's lawyers and decided to suspend any potential decision by the Brazilian government to extradite Battisti until the Court's final decision.
The panel also includes ministers Marco Aurélio, Rosa Weber, and Alexandre de Moraes. Minister Luís Roberto Barroso acted as Battisti's lawyer in 2009, when the Supreme Court first judged the case, and will likely be prevented from judging the Italian. Therefore, the panel will operate with four voting members. A tie, which could benefit Battisti, is not ruled out.
Another possibility is to raise a point of order during the session, so that the extradition can be judged by the full Court, composed of 11 justices.
In an opinion sent yesterday (23) to the STF, the Attorney General's Office (AGU) argued that Lula's act that guaranteed Battisti's stay can be reviewed. In the AGU's understanding, the final word on the matter is with President Michel Temer.
During the trial, Cesare Battisti's defense is expected to argue that he cannot be expelled from the country because he has a Brazilian son, a fact that would prevent his extradition to Italy, according to the jurisprudence of the Brazilian Supreme Court.
History
Battisti was sentenced to life imprisonment in Italy for murder, when he was a member of the Armed Proletarians for Communism group. He arrived in Brazil in 2004, where he was arrested three years later. The Italian government requested the extradition of the former activist, which was accepted by the Supreme Court. However, on the last day of his term, in December 2010, then-President Luiz Inácio Lula da Silva decided that Battisti should remain in Brazil, and this decision was upheld by the Supreme Federal Court.
The Court understood that the final word in the case should belong to the president, because it concerned a matter of national sovereignty. Battisti left the Papuda Penitentiary in Brasília on June 9, 2011, where he had been since 2007. In August of that year, the Italian obtained a permanent residence visa from the National Immigration Council.