The US Cannot Ignore Europe Any Longer

Council of Europe will Help Case
The US Cannot Ignore Europe Any Longer

Il Manifesto, 12th June 1998

Patricia Lombroso, New York - Francis Boyle is a famous American lawyer, in
particular, an expert in international law.   He is also the legal
representative for Lybia at the Court of the Hague for the Lobkerbie
tragedy and knows very well the case of Silvia Baradini, detained in an
American prison since 15 years.   We contacted him by telephone to ask him
to comment on the positive opinion of the Commission for Penal Affairs of
the Council for Europe for a humanitarian solution on the extradition to
Italy of Silvia Baraldini.

"This positive opinion - said Boyle - is very important for a negotiation
between the Italian government and the American authorities.   The
resolutions of the Council for Europe should make the negotiations easier
for a compromise solution that will satisfy both governments".   But the
European opinion should not stop the mobilization and the attention on the
case in Italy.   "It is now up to the Parliament and the public opinion to
exercise pressure on the Italian government to make the best of the
solidarity expressed by the Committee on Penal Affairs of the Council for
Europe.   With more determination they should encourage a friendly solution
with the US government.   The United States could always express their
reservations and not respect the decision of the Council for Europe, but
surely will not be able to ignore it".   According to Boyle, at present,
there are too many contentious between the European Union and the United
States.   "Even with some difficulties this decision constitutes a wedge
for the Italian government as well as for the American government to start
a mutually acceptable compromise for both governments.   The Americans know
very well that the arguments adopted for the five refusals on the
extradition of Silvia Baraldini to her country contravene the Vienna
Convention of 1969.   These are the regulations that all countries adherent
to international treaties must follow.   The main clauses specify that "all
states are obliged, as contracting parties, to respect the objectives and
the purposes of the treaties".

In this specific case - Boyle insists - the Strasbourg Convention puts the
emphasis on the humanitarian principle that is the inspiring principle of
the Treaty itself, on the extradition of detainees condemned abroad.   The
scope of  it is the rehabilitation of the prisoner and his social
 reinsertion".   The USA, having condemned Silvia Baraldini to 43 years of
imprisonment and negating her the right of being extradited to the prisons
of her fatherland, violate that clause of  international treaties to which
they subscribed.   "They, in fact, apply - explains Boyle - a system that
is repressive and inspired by a vindictive principle instead of
rehabilitation for a social insertion".