RIO DE JANEIRO, BRAZIL – On Tuesday, August 6th, the Second Panel of the Federal Supreme Court (STF) unanimously denied the extradition request of Ali Sipahi, submitted by the Turkish government.
Sipahi, a Turkish naturalized Brazilian, is part of an opposition movement to Turkey strongman Recep Tayyip Erdogan, and the Turkish government is charging him with terrorism.
He was eventually imprisoned in São Paulo on April 25th, after a call from the Turkish government, but was released two weeks later by determination of the STF’s rapporteur for the case, Edson Fachin.
At the time, however, Fachin enforced the so-called precautionary measures, including the use of an electronic anklet. Later, the justice repealed it, and the decision was sustained on Tuesday by the Second Panel.
A trader, Sipahi has lived in Brazil for twelve years, is married to a Turk and has a four-year-old Brazilian son.
Edson Fachin argued that the Brazilian law on terrorism does not backdate and was not yet in force when the Turk’s alleged offense was alleged to have been committed. “At the time of the occurrence, there was no specific statutory definition of terrorism”, he emphasized.
In addition, the justice considered that there is no guarantee that Sipahi will have a fair and impartial judgment in Turkey.
Fachin’s opinion was supported by justice Ricardo Lewandowski. “Criminal law cannot be applied to practices prior to statutory enactment,” he said.
Celso de Mello, the longest-serving justice of the Court, said the Constitution precludes the extradition of foreigners on the grounds of political crimes. “There will be no extradition of foreigners due to political crime or opinion,” he said.
Justice Cármen Lúcia, the last to vote, also argued that this case’s political nature prevents extradition and that the terms under which Turkey has acted do not demonstrate that due process of law would be guaranteed.