Friday, January 7, 2011

Baptists will remain in prison until February Locked immediate release

Cesare Battisti remains in prison and his future will be discussed in February, after the reopening of the Brazilian courts. This is what decided the President of the Supreme Federal Tribunal, Cezar Peluso, thus blocking "the release immediao" requested by the lawyers of the former terrorist red, which they described as "a kind of coup" that measure.

In the wake of no extradition announced Dec. 31 by former President Lula in Brasilia last few hours has come from another relevant news about the case: a Brazilian Parliament has asked the High Court to "stop and reverse" the decision with an initiative (a 'Ação popular') accepted by Peluso.

As anticipated, Peluso has the same on the other hand put the case in the hands of the Gilmar Mendes, one of the magistrates that the STF is the "rapporteur" of the case in the Court. The arguments given by the President for these decisions go against the STF as pointed out by legal and Baptists are in tune with the Italian positions.

Peluso rejects such "exceptional nature" on the issue of Baptists, a subject on which he continues to have the plenary powers, not the presidency of the Court. In dealing with the 'No extradition from Lula, and on one of the key aspects of the whole affair, the President noted that "there is no specific or new fact" that the possible persecution or discrimination Battisti may suffer in case of having to go to Italy.

Shortly after the decision Peluso came the reaction of the legal Battisti, Luis Roberto Barroso. Measures decided upon "by the eminent president" Peluso "purple" as decided by Lula, "dall'Stf and the principle of separation of powers in a democratic state of law," Barroso said in a statement that does not hesitate to define such a decision "a kind of coup d'etat." In Peluso noted that "can not transform a personal decision in the position of the STF," Barroso stresses that the statements and reports published recently in Italy, "confirm what is right '' No extradition wanted by Lula.

Recalling that Peluso is Mendes spoke out a year ago for the extradition of Baptists, the local media point out that if the Baptists, as sometimes happened in the case, has sparked a clash between the judiciary and executive. The documents in the Court on the other hand there is the request by Fernando Francischini Destito, a member of the state of Parana of Social PSDB, the main opposition party, who asked to "stop and reverse" the act of Lula.

According Francischini, denying extradition, the Brazilian government would cause "a serious diplomatic crisis with the government of Italy."

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