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Brazil rejects extradition of Italian leftist
AFP - Friday, May 8
BRASILIA (AFP) - - Brazil's attorney general has rejected Italian demands to reverse the decision granting political refugee status to left-wing militant Cesare Battisti.
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In a report to the Federal Supreme Court published on Thursday, attorney general Antonio Fernando Souza said the executive branch and not the high court would have the last word on Battisti's possible extradition.
Battisti, 54, faces jail time in Italy for assassination and bank robbery committed when he was a member of the violent left-wing group, the Armed Proletariat for Communism (PAC).
The case has prompted a diplomatic spat between Brazil and Italy -- which briefly recalled its ambassador to Brasilia.
But Souza said Justice Minister Tarso Genro "did not commit any illegal or abusive acts" in granting political asylum to Battisti in January, scuppering Italian demands that Brazil revoke Genro's decision.
Brazil's supreme court has yet to weigh in on whether Battisti should be extradited, despite a ruling acknowledging him as a political prisoner.
"International political matters fall under the executive branch's sole and unique authority," Souza said, adding that Brazilian President Luiz Inacio Lula da Silva and not Brazil's Justice Department must decide whether to grant Italy's extradition request.
Battisti's case will be "a symbolic and very interesting judgment," said Marco Aurelio Mello, one of 11 Supreme Court justices.
Since gaining political refugee status, Battisti has been waiting in a prison in a Brasilia suburb for the high court to rule on his extradition.
Although Brazilian law says that granting political refugee status automatically ends the extradition process, the court has decided to continue to examine the Italian government's request.
Now a crime author, Battisti has admitted to being a member of the PAC, which was accused of being behind scores of bank robberies and at least four murders in the 1970s.
He was sentenced in absentia in 1988 for the murders, which took place in 1977 and 1978. He has been on the run in Mexico, France and Brazil since, but denies the murder allegations.
PAC was one of a series of left-wing groups that grew in Italy in the 1970, most notably the communist Red Brigades, which kidnapped and murdered former Italian prime minister Aldo Moro.
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Enlarge Photo
Members of the Free Cesare Battisti Movement, protest against left-wing militant Battisti's extradition to Italy where he faces four murder charges, in front of the Italian embassy in Brasilia in March.
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