The Battisti Case: A Legal-Historical Reconstruction

Abstract

Abstract The Battisti Case constitutes a rare high-profile case of decision-making and judicial ruling on the (hardly ever explored) interpretation and implementation of refugee law by political, technical, and judicial actors in Latin America. It concerns an Italian citizen, Cesare Battisti, sentenced twice to life imprisonment who, after escaping from prison, fled to Mexico, France, Brazil, and Bolivia. Even though Italy had twice attempted to have Mr Battisti extradited from both France (1991 and 2003) and Brazil (2007 and 2017), his extradition has never been materialised. In 2019 he was removed from Bolivia to Italy, where he has been serving his sentences. This study analyses the facts prior to the 2007 Italian extradition request, Mr Battisti’s application for refugee status, the Brazilian Supreme Court’s main extradition ruling, the presidential decision on his non-extradition, Mr Battisti’s last years in Brazil and removal from Bolivia, and his confession and the execution of his prison sentence. This piece analyses a case where several parties seem to be in the wrong: the prosecuted criminal and former protecting States have misused the asylum regime, and the country where the prisoner is serving his sentence is seemingly aggravating his situation as a result of his “personal condition”.