07/01/2011NEWS IN ENGLISH – Minister says Supreme Court will have final word in Battisti case
Débora Zampier Reporter Agencia Brasil
Brasilia – Minister of Justice, José Eduardo Cardozo, says that the final decision as to whether or not to release Cesare Battisti will be made by the Supreme Court. He said it was normal for the Chief Justice, Cezar Peluso, to remand the decision to the whole court (meaning that the decision will only be made when the court returns from recess at the beginning of February).
On Tuesday, January 4, the Ministry of Justice officially informed the Supreme Court of the decision by ex-president Luiz Inacio Lula da Silva against extradition. The Chief Justice, Cezar Peluso, who could decide for or against releasing Battisti, preferred to have the decision made at a plenary session.
According to Cardozo, the position that Lula took is correct based on Brazilian law and correct in its reading of the extradition treaty that exists between Brazil and Italy (a clause in the treaty says refusal to extradite may occur when the prisoner could face personal risk).
“The decision by the president is sovereign and must be respected. Cesare Battisti must be kept in Brazil and, obviously, eventually released as there are no longer any reasons to keep him incarcerated,” declared Cardozo, adding that it was not the job of the Ministry of Justice to deal with the issue. “A final decision will be made by the Supreme Court.”
Allen Bennett – translator/editor The News in English
Link – Para Cardozo, STF dará palavra final sobre soltura de Battisti
Link Presidente do STF nega pedido de soltura de Battisti