Gabriele Marchesi, the co-suspect of, is back free Ilaria Salis who had been under house arrest since the end of November. This was decided by the Court of Appeal of Milan, which rejected Hungary’s request to hand over the 23-year-old, who was arrested in the Lombardy capital on the basis of a European arrest warrant.
There exists the “real risk of inhuman and degrading treatment” in Hungarian prisons and “there are well-founded fears of real risks of violation of fundamental rights”, we read in the reasons.
“I’m happy” Gabriele Marchesi simply said immediately after reading the provision. The 23-year-old, visibly emotional, then hugged a friend and shook hands with PC Cuno Tarfusser. The 23-year-old, on the advice of his lawyer, returned home.
“I don’t know if this decision creates a diplomatic case, I’m a magistrate, there are no equal cases and it’s in the nature of things, it’s not a slap in the face of Hungary, it’s the observation that Hungary has moved away from the spirit that animated European development towards a common judicial system”, says the deputy prosecutor of Milan Cuno Tarfusser.
The judges also highlighted that the European arrest warrant did not respect the principle of proportionality, as reported by Tarfusser. “We in Italy are not the ones who can teach how prisoners are treated in reality – the prosecutor wanted to point out – but here it must be said that the sentence was not proportionate with respect to the disputed fact, the non-proportionality was enough for me, but the Court argued with a whole series of reasons, he accepted partly what I said, partly what the defense said. It must be said that Marchesi – he concluded – risked between 2 and 24 years, a window quite wide”.
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