Gina MarquesRFI correspondent in Rome
At the extradition hearing on December 18, judges will hear Carla Zambelli’s defense and evaluate documents sent last week by STF Minister Alexandre de Moraes in response to the Italian court. The documentation indicates that if extradited, the former MP will be incarcerated at the Federal District women’s penitentiary, known as Colmeia, and gives details of detention conditions.
At the first hearing on December 4, Zambelli’s defense presented several arguments for her not to be extradited. One of them concerns the prison situation for the possible execution of the sentence in Brazil. That’s when the Italian court suspended the trial while awaiting answers about Brazilian prison conditions.
Moraes responded with an 11-page document, containing information and images, explaining where Colmeia detainees are housed. It was also reported that there has never been a rebellion in this prison, that inmates follow technical courses and receive medical care, in compliance with health, safety and assistance standards. In addition, the choice of this penitentiary was determined by the Criminal Execution Court of the Federal District, place of residence of the convicted person.
Defense arguments
If the defense presents new elements, the judges may schedule another hearing to review the documentation and also give the opportunity to respond to the Attorney General’s Office (AGU), represented by Italian lawyer Alessandro Gentiloni.
Defenders maintain the thesis that Zambelli is suffering political and judicial persecution in Brazil. To strengthen this argument, during the last hearing, the defense presented to the judges the opinion of the Constitution and Justice Commission, which ruled against the revocation of the mandate of the federal deputy. But the situation has changed. On the 11th, the plenary of the Chamber of Deputies decided to maintain the mandate of federal deputy Carla Zambelli (PL-SP). However, the first chamber of the Federal Court (STF) annulled the Chamber’s decision, deeming it unconstitutional.
Resignation without influence on the process
Last Sunday, Zambelli resigned as a federal deputy. However, this decision does not influence Italian justice in the extradition process. What the Italian judges are evaluating is the fact for which she was convicted in Brazil, which should also be considered a crime in Italy. This rule is known as “double imputation”.
Carla Zambelli was sentenced last May by the STF to 10 years in prison for hacking systems and falsifying documents of the National Council of Justice (CNJ). She was accused by the General Prosecutor’s Office (PGR) of having planned and coordinated, with the help of hacker Walter Delgatti, an invasion of the CNJ system in early 2023 with the aim of discrediting justice and inciting anti-democratic acts.
According to the complaint, Zambelli and Delgatti intended to include false exit permits and a false arrest warrant against Minister Alexandre de Moraes. She denies the accusation. The hacker, who confessed to the attack, was sentenced to eight years and three months in prison. He claims to have carried out the invasion at the request of the deputy at the time.
In Italy, intrusion into a computer system is also an offense determined by article 615-ter of the Italian Penal Code (unauthorized access to a computer system) and by article 640-ter (computer fraud). Penalties can be up to 8 years in prison.
Last August, Zambelli received a second conviction in Brazilian courts for the offenses of illegal possession of a firearm and illegal restraint. She was sentenced to 5 years and 3 months in prison for the armed pursuit of a supporter of President Lula, which occurred on the eve of the second round of the 2022 presidential election. On this occasion, she took out a gun and pointed it at a man in the middle of the street in Jardins, an upscale neighborhood of São Paulo.
Illegal possession of a weapon and causing annoyance are also crimes in Italy. Article 699 of the Italian Penal Code provides for a penalty of 18 months to 3 years in prison for offenders, which may be aggravated depending on the circumstances of the offenses.
Escape from Zambelli
The MP announced on June 3 that she had left Brazil. At first, she said she was seeking medical attention, without specifying where she was. Subsequently, in response to a request from the Attorney General’s Office, Moraes ordered his preventive detention.
Executing an international arrest warrant requested by the Federal Police (PF) of Brazil in accordance with the order of Minister Alexandre de Moraes, Italian police arrested Carla Zambelli on July 29 in the apartment where she was staying in the Aurelio neighborhood in Rome. She was then taken to the Rebibbia women’s penitentiary, on the outskirts of the capital.
Zambelli’s defense asked the Italian court that she remain free or under house arrest. The Court, however, rejected this request, highlighting “strong signs” of the then deputy’s risk of flight. The decision, signed by three judges, mentioned that she had entered Italy on June 5, one day after the final conviction in Brazil. The judges also pointed out that Zambelli was found hiding in Rome and that she had told the Italian press that she would move to avoid detection.
Health problems
The defense also claimed in August that Carla Zambelli suffered from health problems, needed medical attention and therefore could not remain in a closed regime. However, the medical expertise determined by the Italian court indicates that the illnesses are compatible with the prison regime. According to the medical report, the necessary treatment can be carried out inside the prison. The document also states that possible air travel to Brazil is possible and that travel would not pose a risk of serious consequences, provided medical guidelines are followed.
In October, the Italian public prosecutor’s office, represented by prosecutor Amelio Erminio, ruled in favor of the extradition of the then deputy.
If the Court of Appeal refuses extradition, Carla Zambelli will eventually be released from prison. If the judges decide that she must be extradited, the former MP could remain – or not – in this Rebibbia penitentiary. But she will not be able to leave Italy until the process is complete.
After the appeal, there will be an appeal to the Court of Cassation. After this Court’s decision, the final word rests with Justice Minister Carlo Nordio, who can authorize or refuse Zambelli’s extradition to Brazil. But if the Court of Appeal and the Court of Cassation refuse extradition, the Minister of Justice must also refuse it.
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