Brasilia - Brazil's supreme court on Wednesday approved the extradition to Italy of former leftist militant Cesare Battisti, a suspect in four murders in the 1970s. But the court is yet to decide whether it just allows the extradition to happen, or whether it puts the government of Brazilian President Luiz Inacio Lula da Silva under an obligation to hand the suspect over to Italian authorities.
Five judges favoured allowing the extradition, while five others voted against it. Presiding judge Gilmar Mendes cast the decisive vote in favour of extradition.
Mendes argued that the charges against Battisti are criminal rather than political, even though the defendant belonged to the organization, Armed Proletarians of Communism (PAC), at the time.
Battisti, 54, denies having committed the killings.
On Monday, after meeting with Italian Prime Minister Silvio Berlusconi in Rome, Lula said he would not refuse to hand over Battisti in case the supreme court decision was "determinant," but he left open the chance to grant him asylum if the court decision places no obligation on the government.
In January, Brazil's Justice Minister Tarso Genro angered Italian authorities by granting Battisti refugee status. However, the supreme court determined nine months later that the decision was illegal.
Battisti has been on the run from Italian authorities since 1981, when he escaped from prison while awaiting trial for four killings committed by the PAC.
He fled to France and was subsequently tried in absentia for two of the murders and sentenced to life in prison.
In France, Battisti benefited from a policy introduced by then- president Francois Mitterand granting Italian leftists refuge. He embraced a new career as a mystery writer.
However, sensing that France was reversing its asylum policy, Battisti disappeared in 2004. He re-emerged in Brazil, where he was arrested in March 2007 following a request from Interpol.
