The Italian Court of Cassation, the last instance of the Italian Judiciary, denied this Wednesday (8) the appeal of federal deputy Carla Zambelli (PL-SP), imprisoned in Rome for more than two months.
With the decision, the parliamentarian remains detained in a closed regime in the Rebibbia women’s penitentiary, where she has been since July 29, pending the progress of the extradition process.
The trial took place in Rome, after the Italian prosecutor issued an opinion opposing the request for provisional release.
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The deputy’s lawyer, Giuseppe Bellomo, had said earlier that he remained optimistic about the outcome, but the Court confirmed the previous decision of the Rome Court of Appeal, which had rejected the request for house arrest or release on bail.
The appeal attempted to reverse the decision of the Rome Court of Appeal, which, in August, . At the time, the magistrates pointed out “strong signs of a risk of escape”, justifying the maintenance of the prison.
Zambelli has been detained for more than two months in the Rebibbia women’s penitentiary, in the Italian capital. She was arrested on July 29, after fleeing Brazil in June — one day after the Federal Supreme Court (STF) in the case of the hacker invasion of the National Justice Council (CNJ) systems.
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The Brazilian government sent the extradition request in June, as ordered by Minister Alexandre de Moraes. The document included two convictions: the first, referring to the hacker invasion, and another, of 5 years and 3 months, for illegal possession of a weapon and illegal restraint using a firearm.
The deputy attorney general of the Republic of Italy, Erminio Amelio, was in Rebibbia prison last Friday (3) to collect new testimony from the deputy before the trial.
Even if the Court of Cassation confirms the extradition, the final decision will rest with Italy’s Minister of Justice, Carlo Nordio. The administrative procedure can last for more than a year.
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Nordio could ratify the extradition, annul it without justifying it or simply not speak out. If the minister remains silent for ten days after the court decision, Zambelli must be released, in accordance with Italian law, which prohibits indefinite detention after the end of the judicial process.
Even so, the defense may appeal to the Regional Administrative Court (TAR) and then to the State Council, the last instance for administrative litigation.
Escape risk and health condition
In September, the Italian Court pointed out “strong signs” of a risk of flight, citing that Zambelli entered Italy the day after his final conviction in Brazil and that he had publicly declared that he did not trust the Brazilian Judiciary.
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The judges also highlighted that the deputy was found hiding in Rome and that she had told the local press that she would change her address so as not to be located.
The decision was taken after three face-to-face hearings with the parliamentarian and analysis of a medical report. Expert Edy Febi, appointed by the court, concluded that the Brazilian woman’s health condition is compatible with her stay in prison.
Zambelli remains in detention pending the Court’s decision and the final analysis by the Italian Ministry of Justice.
