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Cesare Battisti (militant)

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For other people named Cesare Battisti, see Cesare Battisti (disambiguation).

Cesare Battisti (born 18 December 1954) is an Italian author of thrillers, and a former member of the Armed Proletarians for Communism (Proletari Armati per il Comunismo - PAC), a far left group which supported violent revolution during Italy's period of terrorist attacks, also called "anni di piombo" ("Years of Lead").

Battisti is sentenced in Italy for a series of crimes, including bank robberies and assassinations, and now he is a political refugee in Brazil.

First sentenced for 12 years under the charge of participating in an armed group, he fled, as several others Italians, to France, protected by the Mitterrand doctrine. Later he was trialed in absentia and sentenced for four murders.

Cesare Battisti authored several novels, including the semi-autobiographical book, The Last Bullets. After the de facto repeal of the Mitterrand doctrine in 2002, he fled France to avoid possible extradition.

He was arrested in Rio de Janeiro, Brazil, on 18 March, 2007 by Brazilian and French police. Later, Tarso Genro, brazilian Minister of Justice, granted him the status of political refugee[1], in a controversial decision which was much criticized in Italy, by the international press [2] and divided Brazilian press opinion[3][4][5].


Youth and PAC membership

Cesare Battisti was born in 1954 at Sermoneta, near Latina. He left the classical lyceum he was attending to in 1971, engaged in petty crime[citation needed], and then moved on to more serious offenses.[citation needed] Between 1974 and 1976 he was arrested for theft, bank robberies, and sentenced to prison. [6]

In 1976 he moved to Milan, and took part in activities of the PAC, an autonomist Marxist group which conducted armed struggle, and which had a "horizontal," decentralized structure, opposed to the centralist organisation of the Red Brigades (BR). The organisation, which counted approximatively 60 members, had its roots in a district in southern Milan, called Barona. Four assassinations were committed by the PAC: Antonio Santoro, a prison guard accused by the PAC of mistreatment of prisoners (on June 6, 1978 in Udine), jeweler Pierluigi Torregiani (on February 16, 1979 in Milan), Lino Sabadin, a butcher accused by PAC of neo-fascist sympathies (on the same date, near Mestre), and DIGOS agent Andrea Campagna, who had participated in the first arrests in the Torregiani case (on April 19, 1979 in Milan). The PAC also engaged in several robberies[citation needed].

The murder of Torregiani and Sabbadin had been decided by the PAC because both of them had killed a robber in the past, thus as an act of armed opposition to self-defense by attacked persons. [7]. Torregiani was killed in front of his 13 years old son, who was shot as well. The son survived and is now paraplegic. The matter of who shot Torregiani's son is still debated: the media reported that he was shot by the attackers, some sources, including writer Valerio Evangelisti, maintain that he was shot by his father in a tragic error.[8]. The paraplegic Torregiani considers now that, in any case, Battisti is responsible for the shooting, and should purge his sentence in jail: "It's not about the person of Cesare Battisti - he declared to the national press agency ANSA - It's in order that everyone understands that, sooner or later, those who have committed such serious crimes should pay for their faults." [9]

Cesare Battisti has stated in several texts that he abandoned political violence after Prime Minister Aldo Moro's kidnapping and subsequent murder in May 1978, carried out by the Second Red Brigades led by Mario Moretti.

First trial and escape

Cesare Battisti was arrested and jailed in Italy on February 26, 1979, sentenced to 12 years and a half of prison for participation in an "armed group" ("partecipazione a banda armata") . He was sentenced on the ground of material evidence [10]and testimonies provided by two "collaboratori di giustizia" (defendants who testified against their former accomplice ) who benefitted from lighter condemnations for their testimony [11]. The status of "collaboratore di giustizia", also popularly known as pentito, was established by anti-terrorist legislation enacted during this period.

PAC members organised his escape on October 4, 1981, while he was in Frosinone prison . Battisti fled to Paris, and then for Puerto Escondido, Oaxaca, Mexico, very shortly afterward. While in Mexico, he founded a literary review Via Libre, which is still active[12]. He also participated in the creation of the Book Festival of Managua (Nicaragua), and organised the first Graphic Arts Biennal in Mexico. Cesare Battisti began to write under the impulsion of Paco Ignacio Taibo II, and collaborated to various newspapers.

Second trial

Pietro Mutti, one of the leaders of the PAC who had been sentenced in absentia for the assassination of prison surveillant Santoro, was arrested in 1982. He sought the status of "collaboratore di giustizia" and his testimony, which helped him reduce his sentence, implicated Battisti (and an alleged accomplice) , in the four assassinations claimed by the PAC. Battisti's trial was thus reopened in 1987, and he was sentenced in absentia in 1988 for two assassinations (Santoro and DIGOS agent Campagna) and complicity of murder in the two other (jeweler Torregiani and butcher Sabbadin) These murders were conducted on the same day in two different towns, in order to increase the impact on public opinion). The court sentenced him, in appeal, to a life-sentence in 1995. Two years before, the Court of Cassation had quashed, on procedural grounds, the case against Battisti's alleged accomplice, accused by Pietro Mutti.[8]

Battisti's return to France

Ten years earlier, the President of France François Mitterrand had indicated that "leftist Italian activists who were not indicted for violent crimes and had given up terrorist activity would not be extradited to Italy"; this became known as the "Mitterrand doctrine". Many Italian political criminals had fled to France during the '70s-'80s. Trusting in this declaration, Battisti returned to France in 1990, where he was arrested on Italy's request in 1991, when his sentence was confirmed in the Court of Cassation. He thus passed five months in Fresnes prison, and then was freed after the extradition request was rejected by the Paris Appeal Court on May 29, 1991. French justice concluded that the anti-terrorist legislation enacted in Italy "went against the French principles of law," which, along with the European Court of Human Rights (ECtHR), prohibited in particular to extradite a person sentenced in absentia if that person had not been in a condition to adequately defend himself during his trial [11]. But after this decision, the French government rejected the Mitterrand doctrine and three French Courts ruled for Battisti's extradition. On March 18, 2005, the French Conseil d'Etat (the French Supreme Court in administrative law), ruling ultimately for Battisti's extradition, affirmed clearly that the Italian legislation did not conflict with the French principles of law. The Conseil established that:

the circumstance that some of the charges held against Mr Battisti, which led to the cited sentences, are partly based on statements by """repented" witnesses, is not contrary to French public order and does not constitute an infringement by Italian authorities of the requirements of Article 6 of the European Human Rights and fundamental liberties safeguard convention (...)

[13]

ECtHR, then, confirmed those decisions and ruled that the Italian trial in absentia in Battisti's case was fair under its provisions.

After his liberation, Battisti, in 1991, lived in Paris, where he wrote his first novel, Les Habits d'ombre ("Shadow clothes"). Two thrillers, L'Ombre rouge ("Red shadow") and Buena onda, took as backdrop the Parisian world of Italian fugitives from justice. Another major novel, titled Dernières cartouches ("Last bullets"), takes place in Italy during the "years of lead".

In 1997, jointly with other left-wing Italians who had fled to France and were accused of taking part in violent crimes, he asked without success thePresident of the time, Oscar Luigi Scalfaro (DC for an amnesty.

A diplomatic dispute between France and Italy

Over the years, Italy asked France several times to arrest and extradite left-wing Italians involved in court cases connected with political violence in Italy and who had fled to France. On September 11, 2002 Battisti's extradition - among other - was again requested during the meeting in Paris between Italy's Minister of Justice Roberto Castelli (Northern League) and France's Minister Dominique Perben (RPR).

On February 10, 2004, the French government arrested him on Italy's request and planned to extradite him to Italy. On June 30, 2004, the Paris Court of Appeal gave a favorable opinion for his extradition. An appeals in the Court of Cassation was filed against this opinion and another recourse introduced before the Conseil d'État against the extradition decree. President Jacques Chirac stated on July 2, 2004 that he would not oppose the French justice's decision to extradite him. Justice Minister Dominique Perben confirmed Paris' new position: "There is no ambiguity. There has been a change of attitude from France, and I support it," (in reference to the "Mitterrand doctrine"), among other reasons "because of the European construction."[14].[15]

As of 2007, only Paolo Persichetti, former member of the Unità Comuniste Combattenti, among the 200 Italians involved in Court cases dealing with political violence requested by Italy, was extradited (in August 2002). He was eventually sentenced to 22 years of prison. Minister Edouard Balladur had signed Persichetti's extradition decree in 1994; it was validated by the Conseil d'Etat the following year.[15] According to RFI radio station, the Perben-Castelli agreement was divided in three parts: all events before 1982 would be prescribed "except in case of exceptional gravity"; facts between 1982 and 1993 would be "examined on a case by case basis", in function of the European Convention of Human Rights (ECHR) principle and of the "conditions in which the trials took place in Italy." Still claiming his innocence, Cesare Battisti then failed to check in at the local police station, while on parole, on August 21, 2004 and entered again, twenty years later, clandestinity. On October 13, 2005, the Cassation Court upheld the Paris Court of Appeal's judgment, as did the Conseil d'Etat on March 18, 2005. On 18th March 2007 Battisti has been arrested in Rio de Janeiro, Brazil.

The "Battisti affair"

As of 2007, Cesare Battisti denies having committed any of the murders he has been sentenced for.

Defenders of Battisti, among whom the Human Rights League (LDH), consider that France's decision to extradite Battisti was illegal, since Battisti would not have the right to a new trial, after having been judged in absentia.

But the alleged right to a new trial is not a sufficient guarantee for the defendant, as clearly ruled the ECtHR in the case of Krombach v. France, application no. 29731/96, and also article 6 of ECHR, the juridical ground of Battisti's claim against extradition, doesn't prescribe a new trial. ECHR establishes that there is not an absolute right to a new trial, after a trial in absentia. Battisti's claim concerned the defendant's knowledge of the trial, and Battisti's lawyers argued that the defendant had not been in a position to know that in Italy there was a trial against him and so his rights had been violated.

The European Court of Human Rights (ECtHR), in its December 2006 decision, rejected Battisti's claim that France's extradition decision was illegitimate. The Court considered that:

The applicant had patently been informed of the accusation against him and of the progress of the proceedings before the Italian courts, notwithstanding the fact that he had absconded. Furthermore, the applicant, who had deliberately chosen to remain on the run after escaping from prison, had received effective assistance during the proceedings from several lawyers specially appointed by him. Hence, the Italian and subsequently the French authorities had been entitled to conclude that the applicant had unequivocally waived his right to appear and be tried in person. The French authorities had therefore taken due account of all the circumstances of the case and of the Court’s case-law in granting the extradition request made by the Italian authorities: manifestly ill-founded.[16]

The circumstances of his sentence have been put in question. A movement claiming Battisti's innocence is active in the media and in public opinion (especially in France). Among the most vocal supporters of Battisti, writers Fred Vargas, Valerio Evangelisti and Bernard-Henri Lévy consider that the trials conducted in Italy were marked by irregularities. These alleged irregularities involved the use of torture (we must report that Battisti's French lawyers have not used this peculiar charge, the violation of article 3 ECHR, in their rejected claim to ECtHR), and the misuse of witnesses : according to Battisti's supporters, witnesses against Battisti were either affected by mental troubles, or were "collaboratori di giustizia", (that is, defendants testifying against other defendants in order to benefit from a reduced sentence. Those peculiar witnesses are also used by French justice, i.e. art. 132-78 French Code Penal). Battisti's supporters also claim that ballistic analysis and graphological expertises used in Italian court cases do in fact, contrary to what the Courts considered, exonerate Battisti. [17][8][18]

Most of public opinion in Italy disagrees with those views, and Battisti's arrest in Brazil has been commented upon favourably in the media. Rifondazione Comunista, however, considers that he should not be extradited, as he would not be granted the right to a new trial. In France, supporters of Battisti, such as Gilles Perrault, have called this arrest, a few weeks before the April 2007 presidential election, an "electoral feat," closely timed by the then Interior Minister Nicolas Sarkozy, candidate for the UMP conservative party. François Bayrou, candidate for the UDF right-of-center party, has called for a new trial, as well as members of the left-wing [11].

The Union syndicale des magistrats (USM, the largest trade union of French judges) has supported the fairness of the Italian trial in absentia and has also confirmed the legality of Battisti’s condemnation[19]:

"L'USM condamne le procédé consistant, dans une perspective purement idéologique, à discréditer une décision de justice rendue par une cour d’assises italienne, dans le strict respect des règles de procédure pénale (appel et cassation) s’agissant d’un accusé en fuite mais défendu à tous les stades de la procédure conformément au droit italien en vigueur."

Translation : "The USM condemns the procedure consisting in discrediting, in a purely ideological perspective, a justice decision emitted by an Italian Assizes Court, in strict respect of penal legal procedures (appeals and "Cassation"), in the case of a defendant not appearing in Court but defended in each and every stage of procedure in accordance with Italian prevailing legislation."

DSSA's attempt to kidnap Battisti ?

In July 2005, the Italian press revealed the existence of the Department of Anti-terrorism Strategic Studies (DSSA), a "parallel police" created by Gaetano Saya, leader of Destra Nazionale neofascist party, and Riccardo Sindoca, two leaders of the National Union of the Police Forces (Unpf). Both claimed they were former members of Gladio, NATO's "stay-behind" paramilitary organization involved in Italy's strategy of tension and various alleged activist acts. According to Il Messaggero, quoted by The Independent, judicial sources declared that wiretaps suggested DSSA members had been planning to kidnap Cesare Battisti.[20]

Asylum in Brazil

The government of Brazil granted Cesare Battisti the status of political refugee through a decision of its Minister of Justice Tarso Genro.

Battisti's request for asylum was first denied by the National Comitee for Refugees, in a decision taken by simple majority. His defense appealed to the Minister of Justice, who granted in January 2009 refugee status, a decision which divided Brazilian public opinion [21].

Italian President Giorgio Napolitano wrote to Brazilian President Lula, informing him of the "emotion and understandable reactions" raised in his country, in public opinion and among political forces, by this "grave decision". Italian Justice Minister, Angelino Alfano, has asked Brazilian authoritites to reconsider this decision, "in the light of international cooperation against terrorism"[22]. Lula answered Napolitano mentioning that the Minister's decision is founded on the Brazilian constitution and on the UN 1951 Convention on Refugee Status, and is an act of sovereignty of the Brazilian State[23]. Criticism was also based on speculations about the influence exerted by Carla Bruni, the wife of French President Nicolas Sarkozy, on Tarso Genro's decision [24]. Ms Bruni has denied this"[25].

Refugee status halts the request for extradition, which was being considered by the Brazilian Supreme Court.

Endnotes

  1. ^ http://www1.folha.uol.com.br/folha/brasil/ult96u490815.shtml
  2. ^ Economist.com, The madness of asylum.
  3. ^ Veja magazine, 01/2009. Editorial: Tarso pode estar certo. (The most traditional weekly magazine in Brazil, of notably conservative opinions, and an open criticist of the current government.)
  4. ^ Centro de Mídia Independente, 14.01.2009: Cesare Battisti conquista condição de refugiado político
  5. ^ Folha de São Paulo, 14/01/2009. Comissão de Direitos Humanos diz que refúgio a Battisti segue a Constituição
  6. ^ «Battisti: sua folha-corrida antes do terror. Os novos capítulos.» By Wálter Fanganiello Maierovitch
  7. ^ «La culpabilité de Battisti repose sur des preuves», interview with public prosecutor Armando Spataro, in L'Express, 15 March 2004 Template:Fr icon
  8. ^ a b c Valerio Evangelisti, Valerio Evangelisti répond à 50 questions Template:Fr icon Cite error: The named reference "Evangelisti" was defined multiple times with different content (see the help page).
  9. ^ Template:ItTorregiani: A Cesare Battisti chiederei solo perche, 18/03/2007
  10. ^ Battisti persiste et signe, Guillame Perrault
  11. ^ a b c Cesare Battisti : dire la vérité, respecter les droits, Human Rights League (LDH), public statement of March 17, 2007 Template:Fr icon
  12. ^ Via Libre 5, Cesare Battisti (dir.)
  13. ^ "Considérant que la circonstance que certaines des charges retenues contre M. Battisti, et qui ont donné lieu aux condamnations précitées, reposent pour partie sur des déclarations de témoins " repentis ", n'est pas contraire à l'ordre public français et ne constitue pas une méconnaissance, par les autorités italiennes, des stipulations de l'article 6 de la convention européenne de sauvegarde des droits de l'homme et des libertés fondamentales (...)" Conseil d'Etat's http://www.conseil-etat.fr/ce/jurispd/index_ac_ld0515.shtml
  14. ^ Richard Mallié, deputy of the Bouches-du-Rhône, Question au gouvernement : Extradition de Cesare Battisti, 26/10/2004 Template:Fr icon
  15. ^ a b Clarisse Vernhes, « Paris prête à extrader d’autres «brigadistes», in RFI, 2002 Template:Fr icon
  16. ^ European Court of Human Rights's decision (Sub art. 6, "claims inadmissible" : Life sentence following a conviction in absentia in "Battisti v. France," Information note n. 92)
  17. ^ Fred Vargas, « Cesare Battisti : A la recherche de la justice perdue » in La Règle du Jeu, n°30 (January 2006)] Template:Fr icon
  18. ^ Cesare Battisti, Ma Cavale, 27/4/2006, Preface p. 13 Template:Fr icon
  19. ^ Communiqué USM Affaire Battisti in http://usm2000.free.fr/article.php3?id_article=142
  20. ^ "Up to 200 Italian police 'ran parallel anti-terror force'". The Independent. 2005-07-05. (URL accessed on January 22, 2007)
  21. ^ http://www1.folha.uol.com.br/folha/brasil/ult96u490815.shtml
  22. ^ Gazeta do Povo, 17/01/2009. Presidente da Itália manda "carta de pesar" a Lula pelo asilo a Battisti.
  23. ^ Folha de São Paulo. 23/01/2009. Leia íntegra da carta do presidente Lula enviada ao governo da Itália.
  24. ^ http://uk.reuters.com/article/worldNews/idUKTRE50O1ND20090125
  25. ^ Folha de São Paulo. 25/01/2009. Carla Bruni nega participação em decisão brasileira de refugiar Battisti.

Bibliography

  • Travestito da uomo (French title: Les habits d'ombre)
  • Nouvel an, nouvelle vie (1994)
  • L'ombre rouge (Italian title: L'orma rossa; 1995)
  • Buena onda (1996)
  • Copier coller (1997)
  • J'auri ta Pau (1997)
  • L'ultimo sparo (French title: Dernières cartouches; 1998)
  • Naples (1999, short story anthology with works also by Jean-Jacques Busino, Carlo Lucarelli, Jean-Bernard Pouy and Tito Topin)
  • Jamais plus sans fusil (2000)
  • Terres brûlées (2000, editor)
  • Avenida Revolución (2001)
  • Le Cargo sentimental (2003)
  • Vittoria (2003)
  • L'eau du diamant (2006)
  • Ma cavale (2006)
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