Wednesday, June 8, 2011

Case Battisti, tomorrow the decision on extradition by Brazilian Court

It will arrive tomorrow, the verdict of the Supreme Federal Tribunal of Brasilia on the possible extradition of Cesare Battisti. According to the Brazilian media, most analysts believe that the majority of the 11 judges could confirm the permanence of the former Italian terrorist in Brazil. 'It's always risky to make this type of analysis, "he pointed out, however, the state attorney general, Luis Inacio Lucena Adams, noting that some judges might change their minds at the last minute.

Because of new argument in the debate or to adapt the prevailing opinion of his colleagues. On 18 November 2009, the court had already ruled on the matter, deciding on extradition with 5 votes to 4. The last word belonged to President Lula, however, that on December 31, the last day of his presidency, had rejected the request.

According to that decision, would be at least three judges in favor of Baptists and against his extradition. Among these, Joaquim Barbosa, chief judge of color in the history of the Court, which has repeatedly said he opposes. Why extradition, he said, would be an affront to the sovereignty of Brazil.

For Barbosa, the last word, however, the president of the country. I agree with his colleagues and Carmen Lucia Antunes Marco Aurelio Mello. A fourth judge, Carlos Brito Aires, despite having voted for the extradition, recognized the jurisdiction of the case to President Lula. In support of the Italian request to extradite the former terrorist should instead be the president of the Supreme and former speaker of the event, Cezar Peluso, who has already voted for the extradition, arguing that Baptists should be considered a "common criminal".

More moderate positions on the other hand Ellen Grace, who still said 'yes' to extradition, as well as the current speaker of the event, Gilmar Mendes, who has always been hard up against Lula on several issues, including the case Baptists. Among the possible abstentions should be the dean of the Court, Celso Melo, who has so decided in the last vote for reasons of conscience.

In doubt José Antonio Dias Toffoli, formerly Advocate General of the State and editor of the report for Lula in which he spoke for the permanence of Baptists in Brazil. Unsure of the vote Lewandovski Ricardo, who voted for and against extradition to the fact that Lula would be to have the last word on the case.

But, say sources in Brasilia, tomorrow it could change position and endorse the idea of the permanence of Baptists in the country. Same position could also take Luiz Fux, the last judge appointed a few months ago, to the Court.

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