Spanish Court considers that Brazil has no legitimacy to appeal autonomously from the decision that denied extradition
Spain’s court denied an appeal filed by the Brazilian government to reverse the decision that refused the extradition of journalist Oswaldo Eustáquio, 46. He is the target of warrants in Brazil for crimes such as threat, corruption of minors and attempted abolition of the Democratic Rule of Law.
The decision was made on May 5 by the 3rd Criminal Section of the National Hearing, which considered that Brazil has no legitimacy to resort autonomously from the previous negative. According to the magistrates, only the Spanish prosecutor or Eustáquio himself could appeal. The information is from CNN.
On April 14, the Court the extradition request submitted by the Brazilian government, based on the bilateral treaty between countries. At the time, the court argued that the facts attributed to the journalist would be “Connected to political conduct”which makes delivery unfeasible.
In the new decision, the Court stressed that the Brazilian State “It is not a party in the process” that’s why, “It cannot appeal autonomously, and may, if applicable, only adhere to the appeal of the Public Prosecution Service ”.
The extradition had been requested by the Supreme Court (STF), based on investigations that investigate Eustaquio’s performance in intimidation campaigns against public agents and incitement to extremist acts.
The AGU (Attorney General of the Union) reported that it favored the attempted appeal, with the understanding that “All appropriate legal measures” must be adopted to enable extradition.
According to the agency, a new appeal will be presented through a lawyer hired by the Ministry of Foreign Affairs.
