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Brazil government to appeal deportation of Cesare Battisti

March 4, 2015

SAO PAULO (AP) — Brazil’s solicitor general’s office said Wednesday it will appeal a judge’s recent ruling that former Italian militant Cesare Battisti should be deported in a reversal of a 2010 ruling granting him asylum in Latin America’s biggest country.

The solicitor general’s office said in a brief emailed statement that it will appeal this week’s ruling by Federal Judge Adverci Rates Mendes de Abreu “once we have been officially notified.”

It said the appeal would be based on the fact that the judge cannot cancel Battisti’s residency visa because it was granted by the Ministry of Justice.

Judge de Abreu ruled earlier this week that Battisti was not entitled to asylum and should be deported to Mexico or France, the countries where he lived before arriving in Brazil in 2004. He was arrested in Rio de Janeiro in 2007.

A long appeals process is now expected, which means a final decision on Battisti’s fate will probably be delayed.

Battisti’s attorney Igor Sant’Anna Tamasauskas has said he will appeal.

In June 2013, Brazil’s Supreme Court upheld former President Luiz Inacio Lula da Silva’s 2010 decision to grant Battisti asylum and ruled against his extradition to Italy, where he was convicted of four murders committed in the late 1970s when he was a member of the Armed Proletarians for Communism. Battisti was then granted a residency visa.

But about five months later, prosecutors filed a petition to annul the residency visa, claiming it violated a law that prohibits foreigners convicted of a felony in another country from receiving residency.

Battisti escaped from an Italian prison in 1981 while awaiting trial on for the four killings. He was convicted in absentia in 1990, and sentenced to life imprisonment.

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