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First Chamber authorizes the extradition of two men accused of kidnap and murder of the daughter of a former President of Paraguay

On Tuesday (13), the First Chamber of the Brazilian Federal Supreme Court (STF) unanimously approved the Extradition Requests (EXT) 1528 and 1529, presented by the Paraguayan government against Lorenzo Gonzalez Martinez and Oscar Luis Benitez, citizens of that country. The requests were made on the basis of the Extradition Agreement between the Mercosur States Parties so that both of them respond to the charges for the crimes of kidnapping and aggravated felony murder of Cecília Cubas, daughter of the former Paraguayan president Raul Cubas.

According to information provided by the Supreme Court of Justice of the Republic of Paraguay, to subsidize the request for extradition in September 2004, both of them participated of a group that planned and executed the kidnapping of Cecilia Cubas. Still, according to the Paraguayan Supreme Court, the kidnappers began to make calls to the victim's family and friends demanding payment of the ransom. But even though the demands were met, she was murdered. In February 2005, the victim's body was located on a property in the town of Nemby, within a pit.

In testimony, the extraditees alleged that they were acting in Paraguay as leaders of the Free Patriotic Party, opposed to the government, who were idealists of an agrarian reform and who suffered persecution for crimes that they did not practice.

Collegiate

In his vote, Justice Luiz Fux (rapporteur) noted that the petitions related to the offenses of kidnapping and willful murder meet the formal and legal requirements for extradition, including the one of duality - when the acts constitute a crime in the demanding country and in Brazil - and the lack of a prescription. To what it may concern the crime of criminal association, the Justice verified that the punitive claim, according to the Paraguayan law, has prescribed. Fux said that the decision of the collegiate it's authoritative, and the President of the Republic is responsible for determining the extradition.

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