Michel Tubiana, of the French Ligue des droits de l´Homme (LDH), wrote an open letter to President Jacques Chirac on 23 September 2002 to criticise Justice minister Perben´s authorisation of the extradition of Paolo Persichetti
Michel Tubiana, of the French Ligue des droits de l´Homme (LDH), wrote an open letter to President Jacques Chirac on 23 September 2002 to criticise Justice minister Perben´s authorisation of the extradition of Paolo Persichetti – in breach of a commitment to refuse to extradite refugees from the “years of lead” to Italy, made by Francois Mitterand at an LDH conference in 1985.
The letter stresses that the decision was taken due to “the lack of balance in a repression that has left unpunished … attacks by a far right that had by and large penetrated the institutions”, the lack of “accountability … and impartiality” in Italian justice at the time and the fact that “the persons concerned manifested a genuine desire to live differently”.
Tubiana also stresses that the individuals in question were not in hiding, and that forsaking the word given by the French Republic betrays the ethic that exists above politics, without which politics becomes “the unjust exercise of power”. He questions how it is possible for Perben to argue that the decision shows “strong solidarity in the fight against terrorism” when the persons in question are accused in relation to events that occurred many years ago, not recently, and how it can be justified to let such a threat hover over several persons without stating clearly who is concerned. These actions are, according to Tubiana, even more serious because of the head of the Italian government Silvio Berlusconi´s membership of a “pseudo-masonic organisation which was revealed, in fact, to harbour the worst Mafia-related and far-right tendencies in the years of lead”.
Statewatch previous coverage: France to extradite Italian exiles
Letter to Mr Jacques Chirac, President of the French Republic
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Mr. President of the Republic,
In 1985, at the Ligue des droits de l´Homme conference, the President of the Republic, Francois Mitterand, stated that France would not extradite Italian refugees who came to our country.
This decision was taken in full awareness of the facts that could be contested to one side and the other. It was based on several reasons: the fact that, what has commonly been called the years of lead, has been a phenomenon that affected the whole of Italian society and thus goes beyond representing merely marginal acts. The lack of balance in a repression that has left unpunished blind attacks by a far right that had by and large penetrated the institutions. The functioning of a [form of] justice whose accountability (notably because of “repented” who negotiated their fate by accusing others) and impartiality left (and still leaves) plenty to be desired. Finally, and possibly most importantly, the persons concerned manifested a genuine desire to live differently.
During Francois Mitterand´s two terms, this promise was kept, except for one case [Paolo Persichetti] in which the extradition decree was only executed eight years after it was signed for unknown reasons.
This commitment has also been kept during your first term, including the period until 1997. Since this date the Prime Minister has renewed the refusal to extradite these refugees and has offered them the possibility to live in France, with residence and employment documents.
Over nearly twenty years, these men and women have rebuilt their lives, work (sometimes for the State), they have married and have had children. The police know perfectly well where they are living, what they do and that they not illegals. Everyone believed France promise.
For reasons that we ignore, over fifteen years after Mitterand´s commitment, the Italian government has decided to return to the charge to obtain the extradition of some of these refugees. The Justice minister has decided to satisfy his Italian counterpart. He stressed that he took full responsibility for this ch