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    The Case of Cesare Battisti

    Andre Dutra | November 17, 2009 | 12:30
    [Translate]

    Finally back gradually to normal here on the blog! Yesterday I came back travel of the National Congress of the Socialist Youth of PDT in Praia Grande / SP, where I spent a great experience and I gained much knowledge and learning. Something that has generated some discussion, was the case of Cesare Battisti, who was arrested in Brasilia after receiving political asylum by the Minister of Justice, Tarso Genro, and awaiting the decision of the Supreme Court, which decided to judge the process of extradition, even after given the benefit of refuge.

    Back in Praia Grande, received call from Sen. Jose Nery (PSOL-PA) requesting that, if possible, we took a position on the Battisti case. After some thought, I had a discussion with our state of the DF and mark position. First of all, it is good to do some thinking on this case.

    First, we can not cling to anything that passes in the Brazilian media about it. In the media talking about a former political activist, while the Italian blames himself for being a terrorist. Today the easiest way to demonize someone, claiming it to be a terrorist. So the information that is already nebulae, get worse, when only one side of interest is represented.
    Another issue is the strong pressure that Italy and the Italian media, both Berlusconi's conservative and right-wing has been doing over Brazil. Battisti was about twenty years in France and Italy did not cause any discomfort that this has generated with Brazil. It's a case of Brazilian national sovereignty at play in a country's sovereign decision, which can not yield to pressure from others. Much less when this pressure is disrespectful.
    Last consideration is that Brazil can not take two weights and two measures for a case like this. The right-wing dictator, General Stroessner of Paraguay, was exiled in Brazil for 17 years (until his natural death), even after spending 35 years in power in Paraguay, where thousands died under the fist of the dictatorship of lead! Now an activist left will be sent to the jackals, to remedy the bloodlust of those powerful conservatives?

    So, I took the liberty of writing motion supporting Battisti, in view of the legality of your situation, respect for the Constitution and non-intervention between the executive, judicial, and legislative and treaties, agreements, customs and international law that Brazil is inserted. The following was put to vote in the plenary of the National Youth and approved unanimously:

    14th National Congress of the Socialist Youth PDT - CONJUS

    Motion to support Cesare Battisti political refugee

    The bench of the Socialist Youth PDT Federal District forwards motion in support of the National Youth Cesare Battisti political refugee, held in Brasilia and awaiting trial for extradition by the Supreme Court. In view of the principles of legality advocated by our Party and the Constitution, the statutes and customs of international law, agreements and treaties to which Brazil is part of one should not withdraw assigned to the claimant, or by which instance of power that will appeal decision has legitimate and legally taken.

    The National Youth demands that the authorities of the Brazilian government - the figures of the President of the Supreme Court, Gilmar Mendes, who will deliver the next Wednesday, 18/11/2009 voting decision on the case and the President, Luis Inacio Lula da Silva, which will have the final say on the future of the refugee - respect our Constitution, the law and all the tools of law and international customs regulations.

    The National Socialist Youth PDT understand the historical context of Italy's 70 years was very similar to what occurred in the years of repression of the military dictatorship in Brazil, where many have opted for the legitimate struggle by force and arms against the State of Exception to the established time.

    Finally, the National Youth supports the wording of the Letter of Solidarity to Cesare Battisti, to be delivered to refugees in Brasilia, in the days preceding his trial.

    Praia Grande, 15 November 2009.

    Yesterday, I attended the meeting of social movements that support the Italian, against his extradition. When we look at the vote of the Minister of the Supreme Court, Marco Aurelio Mello , contrary to the extradition of Italian, we see that the arguments in favor of respect for the refuge can not be granted , no way, dance and left the background.
    Melo, among other defenses, said: "The Supreme's no substitute for the Executive, into his harvest is not constitutionally reserved and, again, simply disregarding the court at the time lived in Italy and portrayed with all the letters in decision rendered "and that" The vision of the Minister of State for Justice, Tarso Genro, was, above all, realistic and humanitarian, serving internationally accepted notions. " The above link shows more:

    "It is incumbent upon [the president, Luiz Inacio Lula da Silva] maintain relations with States and their diplomatic representatives, enter into international treaties," said Marcus Aurelius to justify the legitimacy of the government's decision in relation to the former activist.

    In reading his vote, the Minister considered that an attitude contrary to the Executive in matters of international politics can lead the country "the worst dictatorships: the judiciary," as it would be an action "unconstitutional."

    "Do justice to the Minister Genro, whose rule of law all know," Mello asked. The minister also said that the Supreme Court there is evidence that Battisti's crimes were political.

    The trial of Battisti, taken by the Supreme Court on Thursday, was suspended by the Minister Gilmar Mendes and should be resumed at the end of reading the vow of Marcus Aurelius.

    The Italian was sentenced to life imprisonment for the murder of four people in the 1970s. Arrested in Brazil since 2007, Battisti in prison awaiting the decision of the Papuda Justice Department, which need to be ratified by President Lula.

    "In the various crimes listed, the applicant acted [Battisti] in order to subvert the order of the State," the minister said, noting that the actions of the former militant of the PAC were intended to "make the proletariat takes power."

    Marcus stressed that, to analyze the crimes attributed to Battisti, one must consider the "historical moment" crossed by Italy in the 1970s, when he was sentenced to life imprisonment.

    The minister also questioned the circumstances under which Battisti was convicted. He said there was "no opportunity" to exercise "broad" defense. "The charges do not seek mainstay of forensic evidence, stating in a prosecution witness," he emphasized.

    Another indication appointed by the minister that Battisti was arrested for political crimes is the "fact of having been arrested in the Division of General Research Special Operations, where political prisoners locavam the years of lead".

    So friends, independent view of the guilt of Cesare Battisti, Brazil can not bare (this expression, even) contrary to the interests of other nations. We are not a sell-out home! Moreover, we can not stain our country with a policy and politics of contradiction, that kept Stroessner here for 17 years and an activist who commands the left, marked by political and socio-cultural year in Italy lead to sharp teeth carrion from hyenas.
    For the law, by the Constitution, motherland, respect for human life, we can not accept this discrepancy and creepiness that would be the extradition of Cesare. Lula will not stain their history, nor in Brazil.

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    6 Responses to "The Case Cesare Battisti"

    1. Anonymous said:
      November 23, 2009 at 10:23

      My aunt was a journalist and had to flee here in the period of dictatorship, in which she was so involved in any crime and armed struggle. I'm not against former political activist granted asylum. I am so struggling, and you call me a reactionary. Your blog will not forward this. Also you and in favor of immunity?

    2. Anonymous said:
      November 22, 2009 at 20:46

      Well, if they do not fumbling with more than 20,000 exiled Brazilian economic (and illegal) in Italy, we get to the guardhouse Battisti. Q I'm sure they would do that, you have cheaper labor from other countries coming. And so the government gives a grip on illegal, Brazil send the guy back, want to bet? The sovereignty goes to the cucu ...

    3. Andre Dutra said:
      November 22, 2009 at 12:43

      Brazil can be compared to any country. The country is at least equal to all others when it comes to Sovereignty. We are sovereign in our decisions and we can not be scorned by the Italian government. Many pedophiles come from Italy, inclusive. One problem is a problem, the other is another.

      There is no evidence to blame Battisti. What is a great movement of political and media to crucify a man who fought against them. Another fact: if there were crimes, expired.

      This issue for us to do. It is a diplomatic tradition receive the politically persecuted. Unfortunately the Brazilian media was able to paint the face of the villain in the refugee. This face does not match reality. Our justice is unfair in many instances, see the decision of the worst man who could be president of the STF.

      Now one thing does not mix with each other. Battisti can not be destroyed by some interests.

    4. Anonymous said:
      November 22, 2009 at 11:45

      Brazil can not be compared with France. Here every 100m q if you walk down the street, is a case of injustice. Brazil already attracts millions of pedophiles, why not send these guys away? And if Battisti was involved in the killings, which is said to relatives of the victims? Brazil will not get into issues that concern you. Our justice is not fair as well. Cade our government to protect us when we need it?!

    5. TiagoMM said:
      November 21, 2009 at 15:58

      Even presenting all these points in favor of staying as a refugee to Battisti in Brazil, I still believe that it has to be sent back to Italy.
      If at the time he was convicted for the crimes he was accused ditaduta a period, not for us to interfere in other countries in the courts.
      If the defending Battisti believes that he was a political persecution, she resorts to Justice Italian in Italy.
      This case also reminds me of "interference" of Brazil on the issue of the president of Honduras ... but never mind ...

    6. Anonymous said:
      November 21, 2009 at 14:04

      Brazil and haven for bandits, and a land without law!

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