WRITTEN QUESTION E-3365/00

by Roberta Angelilli (UEN) to the Commission

(27 October 2000)

Subject: Refusal to extradite

On 2 June 2000 the French police arrested, in Corsica, Mr Alvaro Lojacono, who had been sentenced to life imprisonment for the murder (in 1978) of the politician Aldo Moro and his security guards and to 16 years' imprisonment for the murder of a medical student, Mikaeli Mantakas, who was killed on 28 February 1975 outside the headquarters of a political party (Movimento Sociale Italiano) in via Ottaviano, in Rome.

Despite his two convictions, Mr Lojacono has not served a single day of his sentence, as he went into hiding immediately, changed his name, took Swiss citizenship and evaded all attempts to have him extradited.

On 7 July 2000 Italy submitted a request for Mr Lojacono's extradition to the competent French authorities, who, on 11 October 2000, released him and refused to extradite him to Italy.

Can the Commission answer the following:

1. Would it be possible, under the Treaties, for the European authorities to intervene in this matter to enable the Italian justice system to fully exercise its rights, not least out of respect for the victims and their families?

2. What is the Commission's opinion on the matter?

Answer given by Mr Vitorino on behalf of the Commission

(12 December 2000)

The Commission can not intervene in this matter, as only the Member States are competent to decide to grant a request for extradition in a particular case.

However, the deadline for ratification of the two Union Conventions on extradition agreed so far, i.e. Convention on simplified extradition procedure between the Member States (1995)(1) and the Convention relating to extradition between Member States (1996)(2), has been set for April 2001 by the Vienna action plan(3). Moreover the Commission is currently preparing an initiative relating to the extradition issue (abolition of formal extradition procedures concerning those fleeing from justice and fast track extradition procedures as well as the issue of extradition in relation to procedures in absentia), in line with the mandate in paragraph 35 of the Presidency conclusions of the Tampere European Council of 15 and 16 October 1999 and recommendation 28 of The Prevention and Control of Organised Crime: A European Union Strategy for the Beginning of the New Millennium(4).

It should be noted that there already is a co-operation on extradition and other criminal matters on a bilateral basis in the Union, though not between France and Italy. On 20 July 2000 a Protocol and a joint declaration were signed in Madrid between the Italian and Spanish Justice ministers. The background to the agreement is a number of misunderstandings, which have prevented the extradition of dangerous criminals, who had been sentenced in absentia in Italy and sought refuge in Spain.

Lastly, on 29 November 2000 a bilateral treaty which abolishes extradition for specific serious crimes between Spain and Italy was signed in the framework of the above indicated joint declaration in Rome.

(1) Ratified by Denmark, Germany, Greece, Spain, the Netherlands, Austria, Portugal, Finland and Sweden.

(2) Ratified by Denmark, Germany, Greece, Spain, the Netherlands, Portugal and Finland.

(3) OJ C 19, 23.1.1999.

(4) OJ C 124, 3.5.2000.