Argentinean Supreme Court annuls prison sentence for former Br Bertulazzi
The former brigatist, whose extradition has been requested by Italy, now awaits the administrative court's decision on his status
2' min read
2' min read
The Argentinean Chamber of Criminal Cassation overturned Judge María Servini's decision that had revoked the house arrest of 73-year-old Italian former Br Leonardo Bertulazzi, ordering his detention in prison due to risk of flight.
With judges Angela Ledesma and Alejandro Slokar voting in favour - and Guillermo Yacobucci voting against - the Court of Cassation upheld Bertulazzi's defence appeal, ordering a new ruling that takes into account his advanced age and his still valid refugee status. The former brigatist, whose extradition Italy has requested, now awaits the administrative court's decision on his status.
On last 1 July, the Argentine Supreme Court had expressed its favourable opinion on the extradition to Italy of Bertulazzi, who has been under house arrest since 29 August 2024, on the basis of the revocation of his refugee status, accepting the favourable opinion expressed by the Public Prosecutor, Eduardo Casal, who considered "unfounded" the reasons expressed by the Defence of the former Brigadier in the appeal against a first sentence in favour of extradition by the same federal justice. However, the same Court specified in the sentence that the decision on extradition did not concern the appeal presented by the former Br on the revocation of refugee status, which therefore remained open.
On 29 August last year, half an hour before he was arrested, the man had had the administrative decision upholding his refugee status revoked, a measure that was however not complete because, as human rights lawyer Rodolfo Yanzón explained, the final loss of status depends on the confirmation of the administrative judicial authorities, as confirmed a short while ago by the Argentinean Criminal Cassation Chamber. Now the time for Berulazzi's extradition to Italy is lengthening, where the former Br will not automatically be taken to prison to serve his sentence (he was sentenced to 27 years in prison in absentia) but will have the right to a new trial for the facts he is accused of, namely the 1977 kidnapping of Genoese businessman Pietro Costa and participation in an armed gang in the Red Brigades
