A French 42-year-old whose extradition is sought by Germany, which accuses him of failing to pay alimony due to his ex-wife is German, was released from custody Thursday pending the decision of the French court, his lawyer said.
Lionel Gilberti “was released this afternoon with a judicial review of classical,” said to AFP Me Grégory Thuan, saying that they were “satisfied because objectively there was no reason” to leave detain his client.
Mr. Gilberti, a cook set in the Haut-Rhin, don’t pay his child support for the last 18 months to his ex-wife to protest against the impossibility of seeing his two children in Germany, in spite of his right of visit. He was arrested on 8 October under a european arrest warrant issued by the prosecutor’s office in Landshut (Bavaria) and is then placed under nut extradition to Colmar. He had begun a hunger strike, which he interrupted Wednesday, “after having lost 10 kilos,” according to Me Thuan.
The examining chamber of the court of appeal of Colmar, which has examined the validity of the warrant of arrest on the 11th of October, must make its decision next Thursday.
The lawyer has asked a “question” to be referred to the Court of Justice of the european Union, considering that it was a violation of the principle of proportionality in this case. “The european arrest warrant has been originally created to combat international organized crime,” while the total amount of money owed by Mr. Gilberti is about 6,000 euros, he underlined.
The case of Mr. Gilberti has similarities with that of Olivier Karrer, a Frenchman, also imprisoned in the city of Colmar under european arrest warrants issued by Germany and Italy.
Mr. Karrer, also defended by Me Thuan province, is being prosecuted in Germany for crimes related to child abduction and in Italy for his alleged complicity in the abduction from Germany of two children by their Italian mother.
The court of appeal of Nancy has ordered on the 13th of September it to be delivered to Italy. Mr. Karrer has filed an appeal in cassation, which has to be examined on the 23rd of October.