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‘Denied extradition of Pietrostefani for age and health’ – Europe

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‘Denied extradition of Pietrostefani for age and health’ – Europe

The Paris Public Prosecutor’s Office appeals to the Supreme Court against the refusal to extradite the 10 former Italian Red terrorists. The same power of attorney announces it. In the reasons with which the Chambre de l’Instruction denied Italy the extradition of Giorgio Pietrostefani, the “consequences of exceptional gravity” for the person concerned prevail over the right to a fair trial cited for the other former Red terrorists . “In particular – we read – for his age and for his state of health“.

Pietrostefani lawyer: ‘Paris appeal after political push’ – The appeal of the Paris Public Prosecutor’s Office against the rejection, by the French judges in recent days, of the request for extradition for the 10 former Italian terrorists “was predictable and suggests that they did so also because there was a great political push “. This was explained, speaking with ANSA, by the lawyer Alessandro Gamberini, Giorgio Pietrostefani’s Italian lawyer, convicted as one of the instigators of the murder of Commissioner Calabresi. The Parisian Attorney General, in fact, clarified the lawyer, “he has a direct relationship with the political power, unlike our General Prosecutors”. The lawyer specified that he was not in any case able to give a legal evaluation of the appeal “because I have not seen it, I have not read it”, since the procedure is obviously being handled by a French lawyer who assists Pietrostefani. In any case, as Gamberini clarified, the Paris Public Prosecutor’s Office will have to manage “to overcome the strict limits” that exist for appeals of this type in the Cassation in France, where one can only appeal “for violations of the law”. The judgments de la Chambre de l ‘Instruction, which rejected the extradition requests, therefore, can be appealed only for violations of this kind. “The appeal was foreseeable – added Gamberini – in light of the political insistence of recent days on the point (including the words of Macron, ed) so much so that it seemed to become a question of European solidarity, without taking into account, however, that in every country, including France, is governed by the rule of law “.

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In the motivations for Pietrostefani, reference to ‘missing documents’ – In the reasons with which the Chambre de l’Instruction of Paris accompanied its decision to deny the extradition of Giorgio Pietrostefani to Italy, there is repeated reference to missing documentation. “The legal texts applicable to the extradition request – it reads – do not mention the law from which they are drawn, nor the date of entry into force of this law”. “In addition – continues the text of the judges – the Italian authorities have provided texts taken from the 2002 criminal code, without details on their retroactivity, with incriminated facts dating back to 1972 and the last sentence on 11 November 1995”.

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