This week, Argentine police arrested one of those convicted by Brazilian justice for involvement in the acts of January 8, 2023. Joel Borges Correa was detained in the province of San Luis, in the western region of the country, close to the border with Chile.
According to his lawyer, Correa was living in the province when he was located and detained by authorities last Tuesday (19). However, he denied that he was fleeing to Chile. He was sentenced to 13 years and six months in prison.
Last week, judge Daniel Rafecas, head of the 3rd Federal Court, issued arrest warrants against 61 Brazilians convicted or investigated for the acts of 8/1. At least four have already been captured by authorities in the neighboring country.
After Rafecas’ decision, fugitives will still be able to appeal to the Supreme Court of Justice. Brazil and Argentina are part of the Extradition Agreement between the States Parties to Mercosur, promulgated in 2006 by President Luiz Inácio Lula da Silva (PT).
Javier Milei’s government changed the law to grant refugee status days after the extradition request made by Minister Alexandre de Moraes, rapporteur at the Federal Supreme Court (STF) of the processes involving the acts. The benefit is not granted to foreigners reported or convicted in their countries.
“Refugee status will not be recognized for foreigners who find themselves in any of the following situations: […] Related to Serious Crimes committed before the Refugee Application: when, before being admitted as refugees in the Argentine Republic, they were accused and/or convicted outside the country of a serious crime”, says an excerpt from the decree.
Milei, who is an ally of former president Jair Bolsonaro (PL), did not comment on the change in the asylum law. However, in June, government spokesman Manuel Adorni stated that the country’s justice system would take the corresponding measures at the appropriate time, and that “we will respect it”.
Experts consulted by People’s Gazette state that the Argentine government would have the right to deny any extradition request made by Brazil, depending on the analysis of the requirements to grant the benefit of “political asylum” to the requests.
Article 5 of the extradition agreement for Mercosur countries – of which Argentina is a party – highlights that “extradition will not be granted for crimes that the requested State Party considers to be political”. The text highlights, however, that the simple allegation of a political motive or purpose is not sufficient to characterize the crime as political.
More recently, the Argentine government also withdrew the refugee status of former Bolivian president Evo Morales, who had the benefit since 2019, and declared the Palestinian group Hamas a terrorist organization.
