European Court rejects Berlusconi family's appeal

The European Court of Human Rights (ECtHR) said it had rejected an appeal questioning the impartiality of the conviction for tax fraud of former Italian Prime Minister Silvio Berlusconi, who died in 2023. The decision was released on Thursday and represents another chapter in the long judicial battle involving the Italian politician and businessman.

After Berlusconi’s death in 2023, his heirs continued the process. The sentence of four years in prison had been reduced to one year, served through the provision of services to the community.

The case dates back to a conviction in Italy for tax fraud related to the purchase and sale of film rights by Mediaset, a media company founded by Berlusconi. The defense has always claimed that the trial was not impartial, pointing to alleged irregularities in the composition of the collegiate of the Italian Court of Cassation.

The heirs continued the process.

With the death of Berlusconi, the heirs took legal representation and maintained the appeal before the ECHR. The continuation of the trial was a decision of the family, which sought to reverse the conviction and clear the name of the former prime minister.

The ECHR, however, did not accept the arguments. The judges concluded that "Berlusconi did not demonstrate that the collegiate of the Court of Cassation responsible for his case and, in particular, the president of the division to which the case was assigned, lacked impartiality."

This assessment was central to the rejection of the appeal. The European Court of Human Rights ruled that there was no violation of the right to a fair trial, provided for in Article 6 of the European Convention on Human Rights.

Allegations deemed unfounded

In addition to the question of impartiality, the ECHR also expressed itself on other allegations presented by the defence. “The Court rejected Berlusconi’s other allegations as manifestly unfounded or presented out of time,” the judges added.

This rejection covered points such as alleged failures in the notification of the case and questions about the interpretation of Italian criminal law. For the European magistrates, there were not enough elements to characterize violations of rights.

The decision of the ECHR closes the international appeals process for the Berlusconi family. There are no higher courts to appeal to, which makes the conviction for tax fraud definitive.

Defense criticizes Italian trial

After the decision, the former prime minister's lawyers said the trial that led to Berlusconi's conviction "was deeply unfair". The statement was released in a statement to Italian media, but the source did not detail whether there will be any new judicial action.

The defense argued throughout the process that Berlusconi was the subject of political persecution and that the conviction would have partisan motivations. However, the ECtHR did not rule on this aspect, limiting itself to analysing the procedural guarantees.

The Berlusconi case is emblematic in Italy, where the former prime minister has faced dozens of lawsuits over decades. The conviction for tax fraud was one of the few that became definitive, leading to the loss of his Senate term in 2013.

Impact on family and legacy

For the heirs, the ECHR’s decision represents the end of a judicial battle that has been dragging on for years. The Berlusconi family still runs a business empire that includes Mediaset and football club Monza.

Experts heard by the Italian press assess that the rejection of the appeal should not directly affect the family’s business, but reinforces the image that the conviction was legitimate. The source did not detail the names of the experts.

The former prime minister has always denied the accusations and has declared himself a victim of politically biased magistrates. His death, at age 86, did not interrupt the ongoing proceedings, which now come to an end with the decision of the ECHR.

Next steps and context

With the decision, there are no more pending appeals at the European level. The Berlusconi family may, in theory, seek symbolic measures, but legally the case is closed.

The ECtHR is the last instance for European citizens who claim human rights violations by member states. The rejection of the appeal confirms the validity of the Italian conviction and closes the judicial dispute.

For the Brazilian reader, the case illustrates how international human rights systems can revise national decisions, but also how difficult it is to reverse convictions that have already been put on trial. Follow the Boca no Trombone for more international news.

Read Also

AI could widen disparity between countries, warn IMF and OECD

North Korea threatens to activate loudspeakers at border

Mega-Sena draws prize of R$ 200 million this Thursday

Font

www.terra.com.br