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    MOTION FOR A RESOLUTION on Brazil: extradition of Cesare Battisti


    with request for inclusion in the agenda for the debate on cases of breaches of human rights, democracy and the rule of law
    pursuant to Rule 122 of the Rules of Procedure

    Charles Tannock, Tomasz Piotr Poręba, Ryszard Antoni Legutko, Jacek Olgierd Kurski, Ryszard Czarnecki, Marek Henryk Migalski, Konrad Szymański on behalf of the ECR Group

    See also joint motion for a resolution RC-B7-0042/2011

    NB: This motion for a resolution is available in the original language only.
    Procedūra : 2011/2523(RSP)
    Procedūros eiga plenarinėje sesijoje
    Dokumento priėmimo eiga :  
    Pateikti tekstai :
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    European Parliament resolution on Brazil: extradition of Cesare Battisti

    The European Parliament,

    -    having regard to its recommendation to the Council on the European Union-Brazil Strategic Partnership,

    -    having regard to the Framework Agreement for Cooperation between the European Community and the Federative Republic of Brazil

    -    having regard to the Commission communication entitled 'Towards an EU-Brazil Strategic Partnership' (COM(2007)0281),

    -    having regard to the case of the Italian citizen, Cesare Battisti, whose extradition from Brazil has been requested by Italy and is being refused by the Brazilian authorities,

    -     having regard to Rule 122 of its Rules of Procedure,


    A. whereas Cesare Battisti was convicted in absentia, in final judgements handed down by the Italian judicial authorities, of four murders and of involvement in an armed group, robbery, possession of fire-arms and armed acts of violence,

    B. having regard to Cesare Battisti's flight to France in 1990 and the final decision by the French Council of State and Court of Cassation to authorise his surrender to the Italian authorities,

    C. whereas following that decision Cesare Battisti went into hiding until he was arrested in Brazil in March 2007,

    D. whereas Cesare Battisti lodged an appeal with the European Court of Human Rights against his extradition to Italy, and whereas that appeal was declared inadmissible in December 2006,

    E. whereas on 17 January 2009 Cesare Battisti was declared a political refugee by the Brazilian Government and whereas his extradition was therefore denied on the grounds that the Italian justice system fails to provide sufficient guarantees in respect of detainees' rights,

    F. whereas in November 2009, after the European Parliament resolution on the Cesare Battisti case, the Brazilian Supreme Court decided in favour of Battisti’s extradition and whereas, despite the fact that that Battisti was convicted for “common crimes” rather than political acts, the court resolved the final decision would be taken by the president,

    G. whereas on 31 December 2010 - the last day of his mandate - President Lula decided against the extradition and subsequently, the Supreme Court’s president declared the legality of President Lula's decision would still have to be assessed by the chamber when it resumed work in February after a recess,

    H. whereas economic, trade and political relations between Brazil and the European Union are excellent and buoyant and are founded, inter alia, on shared principles such as respect for human rights and the rule of law,

    1. Expresses its disappointment over the Brazilian authorities decision that undermines the fundamental principles of criminal law;

    2. Calls on the Brazilian authorities to re-examination its decision on the extradition of Mr Battisti and to take into account the judgment delivered by an EU Member State in full compliance with the principle of the rule of law in the European Union;

    3. Expresses the hope that, in the light of such considerations, the Brazilian authorities will reach a decision founded on legal comity and common principles shared by Brazil and the European Union;

    4. Points out that the partnership between the EU and the Federative Republic of Brazil is based on the mutual understanding that both parties will uphold the rule of law and fundamental rights, including the right of defence and the right to a fair and equitable trial;

    5. Instructs its President to forward this resolution to Commission, the Council, the governments of the Member States, the Brazilian Government, the President of the Federative Republic of Brazil, the President of the Brazilian Congress and the President of the Mercosur Parliamentary Committee.