Battisti: Brazil Supreme Court 'Favours extradition'

| Tue, 02/10/2009 - 05:09

The majority of the members of Brazil's supreme court are in favour of extraditing Italian ex-terrorist Cesare Battisti, according to reports in the Brazilian press.

The court is due to begin examining Battisti's case this week after Italy appealed against a decision by Brazilian Justice Minister Tarso Genro's decision to grant him political asylum on the grounds that he could face political persecution if he were extradited to Italy.

Reports say that five of the court's judges are in favour of extraditing Battisti, while three will vote against.

The stance of Chief Justice Gilmar Mendes is unknown, although he said earlier this month that the fact that Battisti has been granted political asylum does not automatically mean Battisti cannot be extradited.

In order to agree to Italy's extradition request, the court would either have to rule that Genro's decision was illegal or it could exploit a legal loophole, arguing that extradition is still possible if it is requested prior to a suspect being granted political asylum, at which point it should be judged on a case-by-case basis.

Last week the European Parliament ruled that Brazil's decision to grant Battisti political asylum could be interpreted as ''a display of mistrust towards the European Union''.

Italian Foreign Minister Franco Frattini has repeatedly stressed that the Battisti case is a ''top priority'' for the Italian government.

Battisti is due to serve life for four murders in Italy.

Topic: