Gabriele Marchesi for now will not join Ilaria Salis in the Hungarian prisons. The Milan Court of Appeal – judges Monica Fagnoni, Stefano Caramellino and Cristina Ravera – has in fact decided to postpone the decision on the surrender of the 23-year-old accused of injuries for alleged violence against neo-Nazis during a demonstration in Budapest on 11 February 2023, together to her compatriot Salis who has been detained in a Hungarian prison since that day, and at the same time asks if there are alternative measures to the European arrest warrant. For the young man, house arrest has been extended until May 18th at most.
In the court’s provision, detailed and full of references to European and international standards, “the decision on the request for execution of the European arrest warrant is postponed” and Hungary is requested – through the Ministry of Justice – “to establish whether they are applicable other instruments of judicial cooperation in criminal matters other than the European arrest warrant (EAW) aimed at guaranteeing the exercise of criminal proceedings by you, the investigative measures necessary for this, and satisfying precautionary needs”.
The decision is based on a delicate balance between Marchesi’s right to have his fundamental rights recognized in the event of detention, but also to safeguard the common space between States in terms of justice that the Mae should guarantee.
The court recognizes that the suspect, under house arrest in Milan, complied with the measure, without any violation, in this sense it asks Hungary, in short, whether this measure may not be sufficient and therefore to renounce the surrender. The parties have until a few days before the next hearing, scheduled for March 28, 2023, to submit observations and briefs, while house arrest for the suspect has a maximum deadline of May 18.