Buenos Aires, Argentina – This week, Brazil formally requested the extradition of 63 individuals suspected of residing in Argentina who are wanted for crimes related to the January 8, 2023, attacks on its government headquarters.
For months there have been reports of Brazilians illegally crossing the border into Argentina to seek asylum, but Argentina’s government has remained tight-lipped about asylum claims.
With the extradition request officially made, the question now is how Argentina will react, given that the country is led by Bolsonaro’s ally President Javier Milei.
The January 8 attacks on Brazil’s government headquarters
After far-right former president Bolsonaro lost to Luiz Inácio Lula da Silva in the election months ago, on January 8, 2023, thousands of protesters descended on the capital Brasília and stormed the government headquarters, which houses Congress, the Supreme Court and official offices. . of the president, causing millions of dollars in damage.
Brazilian courts immediately began investigating the attack, arresting both high-level government officials and rebels who stormed the capital that day.
To date, there have been at least 226 convictions related to the attacks, including the crimes of armed criminal association, violent suppression of democracy, attempted coup d’état, qualified harm and destruction of protected property.
The Supreme Court has also given sentences to individuals which vary depending on the gravity of the crime, with the most severe being 17 years in prison.
Perhaps in part because of the long sentence, Brazil’s Federal Police say about 180 people facing justice are unaccounted for and have potentially fled to neighboring Argentina, Uruguay and Paraguay.
Seeks asylum in Argentina
Over the past few months, Argentina Reports has spoken to many Brazilians in Buenos Aires seeking asylum. Some believe Argentina’s potentially sympathetic government and current laws could protect them from extradition.
The Federal Police estimate that around 180 individuals are currently at large, with some possibly hiding in Uruguay and Paraguay after illegally entering the countries, which also share borders with Brazil.
Symon Castro, a Brazilian refugee seeking asylum in Buenos Aires, told Argentina Reports that “people who are in Argentina with an open asylum process cannot be forced back to Brazil, so we are safe here.” referring to Argentine migration law.
According to the migration law, “No refugee, including an asylum seeker, the procedure for determining refugee status may still be deported, returned or extradited to another. [country] where there are reasonable grounds to believe that his/her right to life, liberty and security of person, including the right not to be subjected to torture or other cruel, inhuman or degrading treatment or punishment, would be in danger”.
Castro also seemed to accept if a decision is made that is not in his favor. “If the Argentine judges decide that we should go back or that our request for political asylum was rejected, so be it,” he added. “But it seems very difficult for this to happen because Argentina is a democratic country.”
Notably, Castro was also aware that an extradition request like this could lead to tensions between Brazil and Argentina, saying, “This could be a diplomatic war.”
Argentina’s response to asylum seekers
For months, Argentina remained almost silent on asylum requests. Only after prodding by the media did they officially confirm that they had received over 100 refugee petitions from Brazilians, but did not say whether any were related to the January 8 cases.
Read more: Argentina confirms over 100 petitions for Brazilian refugees; does not confirm whether it has any connection to the January 8 attacks on the Brazilian government
Argentina’s migration office has reported a total of 181 asylum applications from Brazilian nationals between December 2023 and September 2024. None of the asylum applications have been fully approved, according to a public information request filed by this reporter on Wednesday, but the individuals have refugee status in Argentina.
After the extradition request from Brazil, Argentina’s Foreign Ministry would have received a list of names so that Argentine courts could start legal proceedings regarding the fugitives.
If Argentine judges agree to an individual extradition request, the country’s security forces will be responsible for finding, arresting and returning the person to Brazil – a process that could take many months or even years.
An adviser inside the Casa Rosada (Argentina’s presidential office), who spoke because they are not authorized to handle the matter, told this reporter that “we [the government] are not under any legal pressure.” The person also said that in case of escalating political tensions between Brazil and Argentina, the government will respect the decision of the Argentine justice system and will not interfere in extraditions.
