An Argentine judge approved the extradition to Brazil of five citizens of that country sentenced to sentences of between 13 and 17 years in prison for their participation in the coup attack on the headquarters of the Presidency, Congress and the Supreme Court on January 8, 2023. The convicted persons, supporters of the far-right former president Jair Bolsonaro, escaped the country by land and settled as fugitives in Argentina in the hope of obtaining asylum by the Government of Javier Milei, Bolsonaro’s ideological ally.
In his ruling, Judge Daniel Rafecas considered the requirements of the bilateral extradition treaty to be accredited this Wednesday. Brazil and Argentina, partners in the Mercosur bloc, have signed an agreement within this framework by which they “oblige themselves to reciprocally surrender (…) to people who are in their respective territories and are required by the competent authorities of another State party, to be prosecuted for the alleged commission of a crime, to respond to a process in progress or for the execution of a custodial sentence.”
The magistrate stressed that the sentence against the convicted persons had been handed down by the Supreme Federal Court of Brazil and the documentation provided justified the surrender. The resolution affects Joelton Gusmão de Oliveira, Joel Borges Correa, Rodrigo de Freitas Moro, Wellington Firmino and Ana Paula de Souza.
All of them lived free for months in Argentina until they were arrested by the police and brought to justice after the international arrest warrants issued against them and the subsequent Brazilian requests for extradition. Among the crimes for which they were convicted in Brazil are the attempted violent abolition of the democratic rule of law, qualified damage and armed criminal association. The assault on the three branches of government occurred a week after the inauguration of Luiz Inácio Lula da Silva as president of Brazil.
Bolsonaro refused to recognize his defeat at the polls in 2022. He denounced fraud, called for opposition demonstrations and led a coup plot to not hand over power to Lula for which he was sentenced to 27 years in prison two months ago.
The judicial decision against the five fugitives is not final. They can appeal to the Supreme Court of Justice. In addition, the Executive Branch can also intercede and block extradition.
The court ruling is limited to a few of the Bolsonaro supporters who tried to avoid justice in Argentina. The Brazilian Federal Police estimated that up to a hundred people linked to the coup attempt entered Argentina in 2024 with the intention of requesting political asylum. “We feel safe here,” said some of them who agreed to speak with EL PAÍS in Buenos Aires or via video call a little over a year ago.
If the detainees appeal, their final fate will be in the hands of the three judges who make up the highest court of Justice of Argentina. There is no deadline for them to be issued, so the decision could take months.
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