Cesare Battisti

Cesare Battisti , born the December 18th 1954 with Sermoneta in the south of Rome, is a former member of an Italian group armed with active Extreme left during the “Années of lead” (the Prolétaires armed for Communism), condemned for assassinations of which it known as innocent, then a writer following his escape in France.

Imprisoned in 1979 and condemned in 1981 for membership to an armed band, he escapes and takes refuge then with the Mexico. In 1988, it is judged by contumacy by the Court of Milan and is condemned to the Imprisonment with perpetuity for the assassination of the prison guard Antonio Santoro (Udine, 1978), and of the policeman Andrea Campagna (Milan, 1979), and for complicity in the assassinations the February 16th 1979 of the butcher Lino Sabbadin (Santa Maria di Sala, Venezia) and of the jeweller Pierluigi Torregiani (Milan).

It settles in France in 1990 to profit from the Doctrine Mitterrand. A request for extradition towards Italy is refused in 1991. It remains freely in France, becomes an apartment house manager then publishes several Romance blacks as from 1993.

In 2004, the French government finally prepares to extradite it in Italy, which nourishes a French debate on this extradition appropriateness. Cesare Battisti flees then, until its arrest in Brazil the March 18th 2007.

Biography

Italian period

As of 1968, it comes into contact with the dispute coed.

He saw menus larcenies and fact of the regular stays in prison starting from 1971 for offense S minors (the same day close to Mestre) and of the police officer Andrea Campagna (on April 19th, 1979 in Milan). At the time of the shooting against Pierluigi Torregiani, a stray bullet, drawn by Torregiani itself, wounded its young person wire Alberto Torregiani, with whom it walked, this last remained paraplegic about it. The four gunners, Gabriele Grimaldi, Giuseppe Memeo, Sebastiano Masala and Sante Fatone, were identified and condemned in 1981.

It is stopped on June 26th, 1979 and is condemned in 1981 for membership to an armed band.

October 4th, 1981 of the members of CAP organize his escape from the prison of Frosinone and Cesare Battisti flees of Italy to join France then Mexico in 1982.

Pietro Mutti, one of the chiefs of the CAP sought for the murder of Santoro (condemned by contumacy), is stopped in 1982; following its declarations, Cesare Battisti is implied by Italian justice in the four murders made by the CAP, directly for the murders of the prison warder and the police officer and for complicity in those of the two other victims. The lawsuit of Cesare Battisti is thus reopened in 1987, and he will be condemned by contumacy in 1988 for a double murder (Santoro, Campagna) and two complicities of assassination (Torregiani, Sabbadin). The sentence is confirmed on February 16th, 1990 by the 1 Court of Assizes of call of Milan, then after partial cassation, on March 31st, 1993 by the 2nd Court of Assizes of call of Milan --> -->. It results from it a judgment with Imprisonment with perpetuity, with six months diurnal insulation, carried out in the absence of Battisti, according to the Italian procedure of contumacious ( contumacia ).

In his book on the subject, Guillaume Perrault lists, without indicating the contents of it, the elements which the Courts of Assizes listed like proof: ballistic analyzes, documents found in the cushy job of 1981, and steppings of testimonys external and of repented the CAP. According to Fred Vargas, Bernard-Henri Levy), no material proof accuses Cesare Battisti (including the ballistic analyzes), and to indicate that this lawsuit was sullied with irregularities, in particular by use of torture, and the fact that no witness was regular (the quoted witnesses either were reached mental disorders, or repented or dissociated, i.e. testifying with load in exchange to handing-over of sorrow).

In the publications resulting from the business of 2004 (see further), indications divergent on the way in which Cesare Battisti was defended at the time of these lawsuits in Italy as from 1987. This last affirms that it did not have a communication with its defense, while the Italian government indicates that it secretly carried out its defense since its escape. This point seems important from the point of view of the business in France, because it is only if it is famous to have been able to carry out its defense itself, that the Italian contumacy, which does not allow lawsuit again, perhaps compatible with the French rules of the extradition ( the other great force of the file of Battisti were that it had been condemns in Italy in its absence. According to the French law, it was to thus profit from a new lawsuit its involved, and could not thus be sent directly in prison in Italy, even less for one sorrow of perpetuity ). On this point, Guillaume Perrault, journalist with the Barber, remind his turn that in Italy, on the contrary France, an defendant has the right not to appear before sworn if it considers it useful to his defense system. How it waits opposite the court or is in escape in the Tropics, essence is that it was informed of its convocation, the ways of possible recourses and, especially, until it could freely prepare its defense with lawyers of its choice --> -->. He recalls moreover --> how this procedure of contumacy was approved, the December 14th 1993, by the committee of the Ministers for the Council of Europe, political authority in charge of the application of the decisions of the European Court of the human rights, although, as the defense of Cesare Battisti indicates it, the court orders they-even of the Court of Strasbourg have several times disputed Contumacy italienne. -->, -->, -->

Period of exile

With the Mexico, he saw odd jobs. He works in restaurants. He creates a literary review ( via Libre in 1986, whose electronic version exists still today), takes part in the creation of the Festival of the book of Managua, organizes first Biennial Graphic arts with Mexico City. He starts to write under the impulse of the novelist Paco Ignacio Taibo II, he collaborates in several newspapers.

In 1985, the president François Mitterrand commits himself not extraditing the former Italian activists having broken with violence. It is the Doctrine Mitterrand. On the basis of this political commitment, Cesare Battisti returns to France in 1990 .

The Battisti business

2004-2007: in France

February 10th, 2004, it is again stopped in Paris to be extradited, following a new request of Italy. It is the beginning of the “Battisti business”.

This business causes a sharp polemic in Italy and France. Several artists, writers, journalists, political personalities and public, including most of the left and the French extreme-left protest against the extradition of Battisti, of which the collective of the Poulpe, which gathers authors of whodunnits, of which the novelist Fred Vargas, the humorist Guy Bedos, the singer Georges Moustaki, the mayor of Paris Bertrand Delanoë, the philosopher Bernard-Henri Levy, the Abbé Pierre. François Holland visits him to the prison of Health whereas Battisti is imprisoned there. The French government states that this procedure is usual -->. March 2nd, 2004, the the Council of Paris vote a resolution supporting it.

These reactions of support cause in return of the reactions of French and Italian political groups, and of part of the Italian public opinion. Italy, just like France, are divided on the Business but the prevalent feeling is unfavourable in Battisti: those which are against him are the government of center-left, opposition of center-right, media in general, as well as judges and the police force.

In this polemic, the two parts reproach a misinformation campaign. The assistant prosecutor of Milan, Armando Spataro, which was already prosecutor at the time and had taken part in the lawsuits of Cesare Battisti, speaks in the Express train about formidable misinformation in France , while Cesare Battisti and its supports speak about this eagerness, this intoxication, and this misinformation .

Cesare Battisti is put in release on probation on March 3rd, 2004.

June 30th, 2004, the room of instruction of the Court of Appeal of Paris makes a decision favorable to its extradition.

July 2nd, 2004, the President of the French Republic Jacques Chirac declares that he will not be opposed to the French decision of court to extradite it. Dominique Perben, Minister of Justice, confirms this change of position: “There is no ambiguity. There is a change of attitude on behalf of France and I assume it” (in reference to the Doctrine Mitterrand). July 8th, 2004, the government withdraws the decree on enforcement of a law concerning its naturalization, which was on the way to lead following a procedure begun in 2001.

August 21st, 2004, Cesare Battisti is withdrawn from its judicial control, and announces that it takes again clandestinity. He was then sought by the French police force.

An appeal formed in front of the court of criminal appeal of the French Court of appeal is examined on September 29th, then rejetté on October 13rd, 2004.

The decree of extradition is signed by the Prime Minister. The lawyers introduce proceedings for annulment in front of the Council of French State, which confirms the decree of extradition on March 18th, 2005 -->. The court justifies its decision by the reason which it had given up “ in an unambiguous way its right to appear personally and to be judged in its presence” while being in escape. The Court also notes that “ the applicant, who had deliberately chosen to remain in situation of escape after his escape in 1981, was actually assisted several lawyers, especially appointed by him lasting the procedure ”. -->Cette decision is supported on handwritten or signed mails its hand addressed to its lawyers during the procedure . These mails was known file since the recourse to the Council of State where they had been subjected by the Minister for justice. They were refuted as being forgeries by an expert graphologist of the court. According to the defense of Cesare Battisti, these forgeries were produced with an aim of distorting the appreciation of justice (while making precisely believe that it took part in its defense in 1988).

April 14th, 2006, French administrative justice decides against blocking in 2004, by the government, of the naturalization of Battisti -->, -->, -->, --> with Rio de Janeiro. As of the first days, the press relayed that it had been stopped in company of a woman, Lucie Abadia, member of her support group, taken in spinning mill from France, and who was going to bring to him: 9000 €, but this version was thereafter contestée --> -->, -->, -->. The operation was supported by police officers French, present during the arrest.

Italy called immediately with its extradition, but Brazilian justice must itself come to a conclusion, before, about the legality of this procedure, i.e. to determine if the Italian judgment, including the procedure of judgment by contumacy, is in conformity with the Brazilian criminal procedure.

March 20th, 2007, the Brazilian Supreme court gives forty days to Italy to present a formal request for extradition of Cesare Battisti. Following what, the court will be able to rule within a time not specified. If the Court concludes that the crimes of which it is marked constitute acts of Terrorisme, it could be extradited, but if it asks and obtains the political statute of taken refuge, the extradition will not be able to take place. The court will have to also take into account the fact that Brazil does not extradite for sorrows of more than thirty years of prison and that the Brazilian laws do not recognize the judgments pronounced in absence of marked (whereas he is condemned to perpetuity by contumacy).

The Italian legal authorities are said satisfied with this arrestation --> -->, -->. Romano Prodi, president of the Council congratulated Giuliano Amato, Minister of Interior Department, arrest of Battisti. Indeed, of the members of the Italian antiterrorist police, Ucigos, was since October to the Brésil with the research of the ex member of the Prolétaires armed for Communism.

Following its arrest, Piero Fassino, general secretary of the Left Democrats (Democratici di will sinistra, DS) and carries word of the most important party of the coalition to the capacity, declared that it was time “that the persons in charge of serious terrorist acts having made innocent victims and having upset the life of this country pay their debt towards justice” . --> -->, Cesare Battisti obtained the support of some rare Italian personalities, like the writer Valerio Evangelisti. Personalities and groups appeared and claim an amnesty for this period of the History of Italy, but they are a minority in Italy, and are vis-a-vis a virulent opposition on behalf of associations of victims. Maurizio Puddu, President of Association Italian of the victims of terrorism declared that the grace and the amnesty cannot be applied towards which committed crimes of terrorism and massacre. Many terrorists took refuge in France and rebuilt their life but our close relations cannot do it, because they are in cemeteries .

The political community and the French public opinion also reacted. Line being pleased with its capture. While persons in charge of the French left and the Francois Bayrou centrist, invite the French government to make pressure on Italy for Cesare Battisti is rejugé (on the assumption of an extradition, and in reference to the fact that it could not have presented his defense at the time of his contumacy of 1988) --> -->. Noting the participation of French police officers present at the arrest, and the proximity with the French presidential election, of the observers, with among them the sympathizers of Cesare Battisti, see in this arrest a handling of Nicolas Sarkozy, him even candidate. The Italian daily newspaper Repubblica in addition indicated that Nicolas Sarkozy knew since 2006 when Cesare Battisti< was! --

-->, -->, -->, -->.

Voices protested in Brazil against the extradition. The Group Tortured Nunca Mais/RJ --> -->, the Commission of the Human rights about Lawyers of Brazil (OAB this), of the social groupings, the political parties, lawyers and teachers initiated a campaign against the extradition. They ask the granting of the political asylum Cesare Battisti, while being based on the tradition of asylum that with up to now granted Brazil to the Italian refugees of the years of lead (Luciano Pessina ex-militant of the movement Working Autonomie, Toni Negri), and on the article 5º, subparagraph LII of the Constitution: “It will not be granted any extradition from abroad for political crime or opinion”. -->.

At the conclusion of the forty days deadline granted by Brazil, the Minister for Italian Justice, Clemente Mastella, made a formal request for extradition. In order to avoid a blocking due to the Brazilian legislation which refuses the extradition for sorrows of more than thirty years of reclusion, the Italian minister specified that the sorrow of Cesare Battisti would not be necessarily a perpetuity effective, which started a polemic in Italy and the anger of the victims of the Prolétaires armed for Communism (CAP).

Its works

Novels

--> (réimpr. 2006, Gallimard, coll “police Folio”) -->

-->

Buena onda “Buena onda”, (transl. of Italian by Arlette Lauterbach), Gallimard/NRF, coll “Black series”, Paris, 1996,
I will have your Pau , (transl. of Italian by Arlette Lauterbach), the Whale, coll “the Octopus”, Paris, 1997,
Pixel “To copy to stick”, (transl. of Italian by Anna Buresi), Flammarion, coll “Father Beaver”, Paris, 1997, Pocket
Lastly the sparo “Last cartridges”, (transl. of Gerard Lecas, foreword of Valerio Evangelisti) (Joelle Losfeld to dir.), Gallimard, coll “foreign Literature/Joelle Losfeld”, 1998,180 p.
Tempo da insetti “Never more without rifle ”, (transl. of Italian of Gerard Lecas), the mask, Paris, October 2000,
Avenida Revolución “Avenida Revolución”, Shores thriller, Paris, November 2001,
the sentimental Cargo liner , Joelle Losfeld, 2003
Vittoria , Cesare Battisti, illustrations of Alain Korkos (transl. of Italian by Mariette Arnaud), Eden Productions, Paris, November 2003, 80 p.
the Water of diamond , (transl. of Gerard Lecas), the mask, Paris, April 2006,
My Mare , (Foreword of Bernard-Henri Levy, postface of Fred Vargas), Grasset/Shores, France, 4/27/2006, 376 p.

Collective, collections and anthologies

Via Free 5 , Cesare Battisti (to dir.),
“Quattro passi di danza”, in: Daniele Brolli (to dir.) and Al (collective), Italia odia , Arnoldo Mondadori Editori
“Super snail in action”, (transl. of Italian by Sonia Fanuele and Catherine Siné), in: Serge Quadruppani (to dir.) and Al (collective) (maintenance-foreword with Valerio Evangelisti), Doors of Italy , Black River, 2001,
“Choice”, in: Gerard Delteil (to dir.) and Black Al (collective), of Clink , Company of Edition Beautiful Letters, 2001
“air of nothing”, in: J.P. Pouy (to dir.) and Al (collective), Paris rivets black , Otherwise, Paris, 1996
burned Grounds , Cesare Battisti (to dir.) and Al (collective), Rivages thriller, 2000,

Random links: