“The Public Prosecutor and the Defense have reached the same conclusion, which does not always happen. Both the Public Prosecutor and the Defense have denounced the lack of information contained in the Italian files. It is a bit surprising considering the time that the Italian State had available to prepare the dossiers. Yesterday the lack of Italian dossiers was stigmatized “. This was stated to Adnkronos by Irene Terrel, the French lawyer of six of the nine former terrorists arrested in France at the end of April, the day after the hearings before the Chambre de L’Instruction of the Paris Court of Appeal. “The prosecutor yesterday concluded like us that the dossiers sent by Italy were incomplete and did not comply with the European extradition procedure”, stresses Terrel. Therefore, he notes, “the Defense as well as the Public Prosecutor have asked for additional information given the lack of dossiers”. In particular, observes the lawyer, “Article 12 of the European extradition procedure has been violated.” Article 12 of the European Convention on Extradition signed in Paris on 13 December 1957 provides in particular for the original or the certified copy both the sentence of executive conviction and the arrest warrant or any other act having the same effect, issued in the forms prescribed by the law of the requesting Party; a statement of the facts for which extradition is requested. The time and place of their consumption, their legal qualification and the references to the legal provisions applicable to them will be indicated with the greatest possible accuracy; a copy of the applicable legal provisions or, if this is not possible, a declaration on the applicable rules, as well as the most exact information that is possible of the requested person and any other information capable of determining his identity and nationality. next September the Paris Court of Appeal, at the end of the hearings of the former militant of the Red Brigades, Roberta Cappelli, of the former brigatista Marina Petrella, of the former member of the organization of the armed counter-territorial units Narciso Manenti, of the former militant of the Br Sergio Tornaghi and the former Brigadier Enzo Calvitti, will decide on the preliminary issues of constitutionality raised by the lawyers of the former Italian terrorists. The Defense, in fact, in particular disputes the status of the lawyer representing the Italian state, William Julié, who can intervene during the hearings but who does not take part in the procedure. “In this way – explains Terrel – the adversarial principle is flown”. On June 30, the other former Italian terrorists arrested in France at the end of April will appear before the Chambre de l’Instruction of the Court of Appeal in Paris. These are the former Lotta Continua militant Giorgio Pietrostefani, the former militant of the armed Proletarians Luca Bergamin, the former Br, Giovanni Alimonti and the former militant of Autonomia Operaia, Raffaele Ventura. As for Bergamin, 73, his French lawyer Terrel will report to the Court of Appeal the inadmissibility of the extradition request after the Milan Court of Assizes on 11 May declared the extinction of the sentence by prescription: yes it dealt with the 16 years and 11 months that the former CAP would have to atone for the Santoro murder and other crimes. “Italy’s application for Bergamin is inadmissible. The sentence was prescribed in accordance with Italian law,” explains Terrel. “Italy claims that this extradition procedure is not prescribed because the statute of limitations would be interrupted by the fact that Bergamin has been declared a ‘habitual offender’, but this is an incredible ploy,” says the lawyer. The decision of the Court of Surveillance of Milan which on June 16 confirmed Luigi Bergamin’s ‘habitual delinquency’, rejecting the appeal of his Italian lawyer, Giovanni Ceola, “is incredible: with this decision the Italian State is obstructing the same law It is the Italian State that refuses to apply its legislation. In the last 40 years Bergamin has no longer committed any crime and therefore one cannot speak of ‘habitual crime’. The judges on this dossier have been deceived and that is what I will report during the hearing “.
Welcome! Log into your account
Recover your password
A password will be e-mailed to you.