A Milan appeal court ruled Tuesday that Gabriele Marchesi, 23, who is under house arrest on a European arrest warrant for allegedly attacking neo-Nazis in Budapest a little over a year ago, in conspiracy with Ilaria Salis, should not be handed over to Hungary and should stay under house arrest in Italy pending further information on detention conditions and standards in Hungary.
The court said there was a "concret risk of inhuman and degrading conditions" in Hungarian jails.
Marchesi and Salis, whose recent appearance in court led on a chain with her hands and ankles cuffed prompted Rome to protest to Budapest, are accused of being part of a German-led 'hammer gang' that allegedly targeted neoNazis marking their Day of Honour a year ago to commemorate a Nazi regiment that allegedly heroically resisted Soviet attacks.
The father of Salis, a 39-year-old Monza elementary school teacher, has said she was tortured to elicit a confession while a former cellmate said the jail was dirty, full of bed bugs and mice, and the scene of allegedly cruel punishments including cold showers.
Hungarian Prime Minister Viktor Orban has promised his friend and European ally, Italian Premier Giorgia Meloni that Salis, who faces up to 24 years in jail for an attack the victims did not report to police and in which they were slightly wounded, will be treated fairly.
Roberto Salis said Monday night that the family is changing strategy and instead of requesting house arrest in Italy will now apply for house arrest in Hungary.
In the case of Marchesi, one of the other alleged members of the 'hammer gang', already on 29 November, Deputy Prosecutor Cuno Tarfusser had asked for his transfer to Budapest to be denied.
This was repeated Tuesday by another Milanese deputy public prosecutor Giulio Benedetti, who asked the court to free Marchesi.
The appeals court decided to ask Budapest for further information on alternatives to prison detention and adjourned the case until May 18.
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