The Mitterrand doctrine ("Doctrine Mitterrand") was a policy established in 1985 by French president François Mitterrand concerning Italian far-left terrorists who fled to France: those convicted for violent acts in Italy, but excluding "active, actual, bloody terrorism" during the "Years of Lead" would not be extradited to Italy. Mitterrand based this oral promise, which was upheld until the 2000s by France, on the non-conformity of Italian legislation with European standards. The French president targeted in particular the anti-terrorist laws passed in Italy in the 1970s and 1980s, which created the status of "collaboratore di giustizia" (also known, commonly, as pentito, similar to the "crown witness" legislation). Italian legislation also provided that, if a defendant was able to conduct his defence via his lawyers, trials held in absentia did not need to be repeated if he were eventually arrested. The Italian in absentia procedure was upheld by the European Court of Human Rights (ECHR). The Mitterrand doctrine was effectively repealed in 2002, under the government of Jean-Pierre Raffarin, when Paolo Persichetti was extradited.
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History
The "Mitterrand doctrine" was defined during a speech at the Palais des sports in Rennes on February 1, 1985. Mitterrand excluded from this protection "active, actual, bloody terrorism". On April 21, 1985, at the 65th Congress of the Human Rights League (LDH), he declared that Italian criminals who had broken with their violent past and had fled to France would be protected from extradition to Italy:
"Italian refugees (...) who took part in terrorist action before 1981 (...) have broken links with the infernal machine in which they participated, have begun a second phase of their lives, have integrated into French society (...) I told the Italian government that they were safe from any sanction by the means of extradition". [1]
This statement was followed by French justice when it came to the extradition of far-left Italian terrorists or activists. According to a 2007 article by the Corriere della Sera, Mitterrand was convinced by the Abbé Pierre to protect these persons .[2] According to Cesare Battisti's lawyers, Mitterrand had given his word in consultation with the Italian Premier, Bettino Craxi.[3]
In 2002, France extradited Paolo Persichetti, an ex-member of the Red Brigades (BR) who was teaching sociology at university, in breach of the Mitterrand doctrine. However, in 1998, Bordeaux's appeal court had judged that Sergio Tornaghi could not be extradited to Italy, on the grounds that Italian procedure would not organise a second trial after the first trial in absentia. These extraditions in the 2000s not only involved the Red Brigades, but also other leftist activists who had fled to France and were being sought by Italian justice. These included Antonio Negri, who eventually chose to return to Italy and surrender to Italian authorities.
In 2004, the extradition of Cesare Battisti was authorised by the French judicial authorities. In 2005 Conseil d'État confirm the extradition and marks the end of the doctrine.
Notes and references
- ^ Les réfugiés italiens (...) qui ont participé à l'action terroriste avant 1981 (...) ont rompu avec la machine infernale dans laquelle ils s'étaient engagés, ont abordé une deuxième phase de leur propre vie, se sont inséré dans la société française (...). J'ai dit au gouvernement italien qu'ils étaient à l'abri de toute sanction par voie d'extradition (...).
- ^ Abbé Pierre, il frate ribelle che scelse gli emarginati, Corriere della Sera, January 23, 2007 (Italian)
- ^ See DROITS ACQUIS DROITS DENIES, on Parole donnée
See also
External links
- (French) La France, l’Italie face à la question des extraditions - Institut François Mitterrand
- (French) Parole donnée (texts by Giorgio Agamben, Paolo Persichetti, Oreste Scalzone, news articles, etc.)
- (French) Battisti se livre à la justice médiatique, Le Figaro
- (French) Berlusconi, Chirac : deux hommes intègres face à Battisti, Le Grand Soir
- (French) Cesare Battisti : l’État français aux ordres de Berlusconi, Politis, February 19, 2004
- (French) Le fugitif raconte sa cavale dans un livre, La République des lettres
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