After the conclusion of the pre-trial hearings in the extradition case of Carla Zambelli, this Thursday (12), lawyer Fábio Pagnozzi, who is part of the defense of the former federal deputy, pointed out that the process was subject to “severe restrictions on the full exercise of contradictory and broad defense”, especially due to having all of his witnesses denied. The report sent to People’s Gazette cites excerpts from the Constitution to argue violations of the right to defense.
“The defense requested the hearing of essential witnesses, including Eduardo Tagliaferro, as well as other witnesses relevant to the demonstration of the facts. All requests were rejected on grounds of irrelevance. Such a stance compromises the constitutional right of defense, enshrined in article 24 of the Constitution of the Italian Republic, which guarantees everyone the inviolable right to take legal action to protect their rights and legitimate interests”, said Pagnozzi.
Expert Eduardo Tagliaferro was a special advisor for combating disinformation at the Superior Electoral Court (TSE) and, since leaving office, he has accused the former president of the Court and minister of the Federal Supreme Court (STF) Alexandre de Moraes of political persecution against the right. The defense’s expectation was that he would report the alleged persecution to the authorities and, in doing so, be able to convince the magistrates that the trial in Brazil was politically motivated.
SEE ALSO:
- Italian court concludes hearings on Zambelli’s extradition
- Italian prosecutor challenges Zambelli’s citizenship in extradition process
Defense still disputes Zambelli’s preventive detention
Another of the violations highlighted concerns the preventive detention itself: Pagnozzi recalls that Zambelli’s passports were already seized and that, even so, she was taken to the Rebibbia women’s penitentiary. In both Brazil and Italy, preventive detention is determined when there is a risk of the defendant escaping. For the lawyer, there was no such risk in the case.
The defense also pointed out and criticized the excessive protagonism of the representative of the Attorney General’s Office (AGU), Gentiloni Silveri. The argument is that, in this type of process, the country requesting extradition “does not exercise a direct accusatory function”.
The Public Ministry, however, ended up standing out by contesting Zambelli’s dual citizenship. According to lawyer Pieremilio Sammarco, prosecutor Erminio Amelio would have said that the former congresswoman’s Italian citizenship is “just a facade”. Pagnozzi adds that Amelio’s argument went towards pointing out Italian citizenship as a “shield”.
“Italian citizenship, once recognized in accordance with current legislation, confers full legal status as a citizen, regardless of residence, and cannot be relativized in the event of extradition without violating the constitutional principles of the Republic”, he argued.
With the violations highlighted, the team of lawyers justifies the request to change judges. The request was denied this Tuesday (10), but the defense intends to appeal. The Rome Court of Appeal must decide on extradition in the case within five days.
A People’s Gazette contacted the AGU and the Italian Ministry of Justice. The space remains open for demonstrations.
