Granted extradition of former Argentine police officer accused of kidnapping and torture

By unanimous vote , the Second Chamber of the Supreme Court (STF ) partially upheld , on Tuesday ( 10 ) , the extradition request ( EXT 1299 ) of former Argentine police César Alejandro Enciso , formulated by the Argentine government for it answerable to the National Criminal and Correctional Court for the City of Buenos Aires for the crimes of kidnapping and torture allegedly practiced qualified in that country in 1976 .



In the application of the penalty , if convicted, the Argentine courts should discount the time he was remanded in custody in Brazil and, moreover , does not contradict the law, in the sense that it can not be sentenced to death or life imprisonment , or deprivation of freedom over 30 years.



crimes



In the request for extradition , the government contended that César Alejandro committed the crimes of illegal deprivation of liberty and the imposition of torment against 39 people , equivalent to the offenses of kidnapping and torture in Brazil .



In the imputations of crimes of torture , the Panel recognized the occurrence of prescribing according to Brazilian law . In relation to the offenses of kidnapping , the prescription was recognized in cases where the victims have been released or appeared . However , the extradition was granted in the case of four victims who are missing today , since the statute of limitations of the crime of kidnapping , having a permanent (which has extended its consummation in time ) only begins to run from the termination of the commission of the offense . In this decision , Class applied jurisprudence already signed similar cases, including the EXT 974 .



allegations



The rapporteur of the process , Minister Carmen Lucia countered claims that this would be political and military crimes , and that , if extradited , Alejandro César Enciso could eventually become the victim of arbitrary or manipulation of justice in the neighboring country . According to the minister Carmen Lucia , as the neighboring country lives under democratic normality , the supposed risks mentioned do not exist. She also refuted the claim that the fact that Alejandro would have a Brazilian daughter impediment to extradition , noting that this circumstance is not accepted by the jurisprudence of the court .



To meet the request of the Argentine government , the minister Carmen Lucia assessed the assumptions that were present for the extradition : remand was ordered by the Argentine courts for acts committed in 1976 and fully described in the application , there is dual criminality of the crimes attributed to the accused , they are punished by the laws of both countries ; interrogated , Alejandro César expressed desire to return to his country for there to answer for the crimes of which is charged . With regard to possible risks to your health because he suffers from serious diseases , reported that the minister has granted him leave for medical treatment . And he said that he himself declared fit to travel to your country .



With the decision on Tuesday of the Second Class, the rapporteur noted that get harmed other extradition requests submitted against the same citizens .



Source : Supreme Court