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“Cesare Battisti will be expelled from Brazil.” According to the newspaper “O globe” a federal judge in Brasilia has accepted a request of federal prosecutors to consider null and void the act of the government for the granting of the stay to the former terrorist. The magistrate decided that you can begin the deportation to France or Mexico, the countries through which Baptists passed after the escape in Italy and before arriving in Brazil. “Battisti is now a foreigner staying illegally in Brazil and as a convicted criminal in their country of origin does not have the right to stay here,” said the judge Rates Mendes de Abreu, quoted by Brazilian media. According to that court should not be confused, however, institutions of extradition and expulsion. Lawyers representing the former terrorist, Pierpaolo Cruz Bottini and Igor Sant’Anna Tamasauskas, announced that they will appeal. The ruling in fact not yet been published, but aft er the publication will be an appeal.
The former militant sentenced to four life sentences red. Cesare Battisti, born in 1954, native of Cisterna di Latina, former terrorist of Pac (Armed Proletarians for Communism), has to his credit in Italy four sentences to ‘life sentence for the same murder, made between 1978 and 1979. In June 2011 he obtained permission to stay in Brazil where he resides with almost all of the rights of a Brazilian citizen.
Below the main stages of his legal case 1979 The former militant red is arrested for an armed 80s Held in prison in Frosinone, while the investigation is ongoing, October 4, 1981 Battisti managed to escape and flee to France. For one year from clandestine lives in Paris where he met his future wife. Then he moved with his girlfriend to Mexico where his first daughter was born. During the stay Mexican Italian judges condemn him in absentia to life imprisonment for four murders 1990 Battisti returned to Paris where, meanwhile, went to live his wife and daughter . In the French capital, is the keeper of a stable, but he attended the Italian refugee communities living there thanks to the so-called “Mitterrand doctrine”: the commitment of the then French president sought to give hospitality to the Italian justice in the Years of Lead, in exchange for renouncing violence. Meanwhil e, Battisti ends a novel and makes a living translating into Italian tales of French noir authors. Shortly afterwards, however, is arrested following an extradition request from the Italian Government 1991 in April, after four months of detention, the Chambre d’accusation of Paris declared him not extraditable: Battisti back free 1999 Serie Noir Gallimard publish in his book Man Disguised as 2002 starts the request of Italian Government for extradition. In France, the world of the intellectuals of the “gauche” takes sides in his favor with many events 2004 in February obtained French citizenship. A few days later he was arrested and gauche organizes a campaign against extradition, a decision that would betray the doctrine Mitterrand. The extradition is granted by the authorities’ side of the Alps on 30 June 2004. Following this decision, Bap tists, in August, escapes and returns to the run 2007 is stopped Brazil March 18, but the leader of the Pac addresses the Brazilian State and requests the status of political refugee 2008 November 28 the National Committee for Refugees of the Brazilian government, body of first instance for applications for political asylum, rejects the application, the former terrorist. Extradition seems closer 2009 “If I go back to Italy I kill” warns Battisti, from prison Papuda, Brasilia, hoping that the Brazilian Minister of Justice, Tarso Genro, “who lived on her skin the effects of political repression (during the military junta in Brazil from 1964 to 1984) discards the arguments of the Italian government.” A few days later Genro granted him the status of political refugee. The granting of refugee status has created strong political disagreements between Italy and Brazil, so muc h so that the Italian government, following the decision to Genro, has recalled its ambassador in protest. But the Federal Supreme Court (STF), Brazil, on November 18, declares illegitimate the political refugee status granted by the government. The pronunciation, 5 votes in favor and 4 against, is favorable to extradition of Baptists in Italy, even if it leaves to President Luiz Inacio Lula da Silva the definitive word on its actual execution 2010 March 5, the Court of Rio de Janeiro Battisti sentence to two years to be served placed on probation for using a false passport. On April 16, the Supreme Court publishes the text of the judgment with which he had started the extradition. The final decision remains in the hands of Lula, the last day of his presidency, on December 31, announced that it did not want to grant extradition in the wake of what was written by the Advocate General of the State which cited “provisions of the extradition tre aty force between Brazil and Italy. ” Criticism by Italy. For the prime minister Berlusconi “the story is not closed” 2011 Dilma Rousseff takes over the presidency and reaffirms what was decided by his predecessor with a letter to the head of state Napolitano Italian. On February 3, the High Court Legal Italians have two legal actions against the no extradition, but the 12 May, the Brazilian Attorney General confirms no and forward the opinion to the Supreme Court. On May 14, the defense of Baptists asks the Court for the release of former Red Brigades. On June 8, the Federal Court dismissed Italy’s request for extradition of Battisti. On June 22, the former terrorist Brazil grants permission to stay in the country.
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