similar drugs, as provided for under the law (art 5, item LI). PIZZOLATO is a dual national: He isBrazilian and Italian. It is the italian legislation which will determinewhether he can or cannot be extradited. The Italian Constitution, contrary toours, does not prohibit the extradition of its nationals. It permits itwhenever it is expressly permitted by treaties (art. 26) UNDER the Brazil/ Italy Extradition Treatyin force since 1993, the requested State has the permission to deny theextradition when the fugitive, at the time of the receipt of the request hasthe nationality of this State. (art VI). It is by permission, not anobligation. SOME have used the example of TommasoBuscetta who, after being extradited to Italy, was allegedly extradited to theUS, even being an Italian citizen. As a matter of fact, the question has beenmisplaced. Buscetta was not extradited by Italy, but lent/ loaned??? to theUS, according to information provided by the then attorney for the AmericanEmbassy Paulo Rollo in his blog (www.blogdopaulorollo.net). He was arrested in Brazil and had his extradition requested by the US. Afterwards, Italy also requested his extradition. During the extradition proceeding, Judge Falcone andProsecutor Borsellino, from the Province of Palermo, came to Brazil andmet with the prisoner. By agreementbetween Buscetta, the prosecutor and the Italian and US Embassies, whichwas mediated by Judge Falcone, the Americans withdrew their request andBuscetta had his extradition granted to Italy where, after cooperating withauthorities and being registered in the (US) witness protection program, hecontributed to sending 450 mafia members to jail. Subsequently, withcooperation, he was transferred to the US, where he denounced the mafiaconnections and 150 other individuals were also sent to jail. He was enrolledin the US witness protection program and lived in there until 2001, when hedied. ANOTHER doubt is the alleged illegality ofhis arrest without Brazil having officialy filed the extradition request.Pizzolato was arrested as a result of an arrest warrant issued by Interpol andnot for the use of a false passport. The request for his provisional arrestcan, no doubt, be made before the formalization of the request (treaty, art.XIII). Once the request has been executed, Brazil will have 40 days to file thedocumentation required, under the penalty of his imprisonment being lifted. BRAZIL has deniedthe extradition of Brazilians to Italy and this has been the reason forfriction among States. But, in arrresting an Italian citizen wanted by Brazil,Italy is indicating that it does not have the intention to use theprovision which authorizes the extradition, cited in article VI of theTreaty. Why arrest him if they will not extradite him? It would be better todeny the request promptly and then execute what is provided for in article VI,i.e., a new trial, now in Italy. Or by a simpler solution, if anothertreaty had already been approved by Congress, they could apply the ItalianPenal Proceedings Code which authorizes the fulfillment in the Requested Stateof penalties imposed by the Requesting Country. We will discuss this questionsome other time.Greetings02/22/2014