The Federal Chamber of Criminal Cassation decided to grant the appeal filed by the Italian’s defense Leonardo Bertulazzia high range of Red Brigades detained in August after his refugee status was removed, which is why he annulled the ruling issued by the Federal Chamber, that a new resolution must be issued.
The resolution signed by the judges Alejandro Slokar and Angela Ledesma, which had the dissent of William J. Yacobucci, He maintained that the court had not evaluated the personal circumstances of the applicant, which would be conducive to granting freedom.
In that sense, the existence of roots of the accused in our country was affirmed, since “He has lived with his wife for twenty years in the same home of which – by the way – he is the owner” and along with this he highlighted that: “dated 10/7/2004 was recognized as a refugee by the Executive Branch.”
Judge Slokar, who led the resolution, alluded in his vote to the suspensive effect of the administrative and judicial appeals against the resolution that terminated the status of political refugee, on August 29, and highlighted what was alleged by the appellant: “TEvery time we are within the period of 180 days prior to filing […] Until it is fulfilled, the guarantee of non-refund must be respected as long as the cessation is not final.”in accordance with law No. 26,165 “General Law of Recognition and Protection of Refugees”.
The magistrate, together with Judge Angela Ledesma, decided to grant the appeal filed by the official defense and order the court to issue a new resolution, in accordance with the established criteria.
The background
Bertulazzi He was considered a political refugee on October 7, 2004 by the National Commission for Refugees -CONARE.-, and by virtue of the rulings of the Supreme Court on the extradition of people convicted in absentia he remained free.
Relying on the delegated powers of the Bases Law, The Government of Javier Milei modified CONARE by decree No. 819/2024including a member of the Ministry of Security between the five regular members and eliminating the position corresponding to INADI.
On August 29 of this year they declared the cessation of the status of respective refugee and That same day they arrested him at his home for a new extradition request from Italy, equivalent to the 2002 request. The Italian Justice requires the extradition of the accused to serve a sentence handed down in default.
The case of Leonardo Bertulazzi
The Italian Leonardo Bertulazzione of the most wanted fugitives by Italian and European Justice, was arrested on August 29 in the City of Buenos Airesafter a joint work of the Ministry of Securitythe Vice Chief of Staff of the Interior and the Ministry of Justicewith the action of the Argentine Federal Police and the Italian Police Attaché Office.
The detainee was in Argentina as a political refugee, thanks to a resolution of the National Refugee Commission (CONARE). However, the Vice Chief of Staff of the Interior withdrew this status, so He was located and detained.
Leonardo Bertulazzi, 72, is a former member of the terrorist group Red Brigadesresponsible for numerous acts of violence in Italy during the 1970s and 1980s. One of the most important crimes was the kidnapping and subsequent murder of the former Prime Minister of Italy, Aldo Moroin 1978.
Source: Ambito
