KDE and Freedesktop developer arrested by Interpol

[menotu]

By Matthia

First of all, who is Daniel Nicoletti? He is a KDE and Freedesktop developer, the author of many great things like Apper, the PackageKit-based KDE package manager, a new KDE Print Manager, colord-kde and the Aptcc backend PackageKit uses on Debian-based systems. Also, he is a friend of mine and we work on many projects together.

Recently, he was traveling to the Linux Color Management Hackfest 2012, but he never reached Brno, instead he was arrested by Interpol at the airport in Munich.

The reason is a tragic accident about a year ago. If you are a KDE developer/user, you might know the story already. Daniel and his family wanted to move to Argentinia. On the way, a car suddenly stopped on the road. To avoid a collision, Daniel tried to dodge the car, which then collided with a truck. His daughter died later in cause of the accident. The KDE release 4.6.3 was dedicated in memory of her.

After these events, the family decided to move back to Argentinia for various reasons. Meanwhile – and without Daniel knowing anything about it – Argentinia filed an Interpol request to get him, accusing him for murdering his daughter. (As – of course – he was no longer in Argentinia)

At time, he is arrested in Munich, and Argentina asks for his extradition, but Germany does not totally agree with his guilt.

Thanks to our really awesome community (really, I can’t express how impressed and proud I am) he received some help quickly, after his wife posted a desperate request for help via his Google+ account. – At first, she didn’t even know what exactly had happened, because no communication was allowed to Daniel (and still is not), and we all assumed an accident.

Now he has a lawyer who is communicating with his wife. In the worst case, Daniel will be struck for at least another 6 months, unless his wife can come over and intercede for him.

At time, his family is collecting money so his wife is able to go to Munich and clear the situation, because due to these incidents, there is not much money left. So, if you want you can donate for him.

http://blog.tenstral.net/2012/11/where-is-daniel-nicoletti.html

The following was posted by his wife on Daniel/Dantti's Blog

Dantti's Blog

Donations/Pledges

[Tony]

What a horribly sad and unjust story 

[Just17]

After these events, the family decided to move back to Argentinia for various reasons. Meanwhile – and without Daniel knowing anything about it – Argentinia filed an Interpol request to get him, accusing him for murdering his daughter. (As – of course – he was no longer in Argentinia)

I do not understand this at all.
There was an Interpol warrant for his arrest issued while he was resident in Argentina? .....  and it was served only when he left the jurisdiction?

Very odd ......

[kjpetrie]

It's certainly sad. We have no way of knowing whether it's unjust because we don't know exactly what happened.

I presume the nature of the charge has been lost a little in translation. It's unlikely to be murder as I understand it (with malice aforethought) since no one would choose to kill someone by causing an accident to a car they were also inside. It's probably what we in the UK would call "manslaughter" or "causing death by dangerous driving". Those are the usual charges used here.

Whether the charge is justified really depends on who did what, and we just don't know that.

It's bad enough to lose a child, without having to face accusations of negligence as well. All very sad.

But, as Just17 says, it's all very odd. Why would his wife be listened to in Germany if he won't be, and if the Argentines wanted to arrest him why did they let him out of the country? And if it's all some dreadful mistake - say the Interpol warrant was issued long ago and the matter has since been cleared up but the warrant overlooked, why don't the Argentines just say "whoops, sorry,we don't want him any more"? None of it makes any sense. Something's not as it appears.

[trevatxtal]

Sorry folk this smells,
This is not how EU Law system works.
 Interpol do not arrest people. they notify the local police .
Extradition  proceedings can only be made from one country to another not via Interpol.
Be very careful before parting with money.
Do a Google search on the subject.
X

[The Chief]

Sorry folk this smells,
This is not how EU Law system works.
 Interpol do not arrest people. they notify the local police .
Extradition  proceedings can only be made from one country to another not via Interpol.
Be very careful before parting with money.
Do a Google search on the subject.
X

My thoughts, as well.  Sounds like a scam, to me.  Too much illogic.

[kalwisti]

But, as Just17 says, it's all very odd. Why would his wife be listened to in Germany if he won't be, and if the Argentines wanted to arrest him why did they let him out of the country? And if it's all some dreadful mistake - say the Interpol warrant was issued long ago and the matter has since been cleared up but the warrant overlooked, why don't the Argentines just say "whoops, sorry,we don't want him any more"? None of it makes any sense. Something's not as it appears.

I've been researching this story, and would just like to say that although there are some unanswered questions, I don't believe it's a scam ... This morning I read a blog post by Alvaro Soliverez (a KDE developer from Argentina) which had some tidbits of information I hadn't seen before. I will try to summarize part of it:

http://soliverez.com.ar/home/2012/11/el-caso-de-daniel-nicoletti/
Soliverez, Alvaro. "El caso de Daniel Nicoletti" ['The case of Daniel Nicoletti']. 11 Nov. 2012.

Some background:

Nicoletti is Brazilian [a native of Sao Paulo, Brazil] and his wife, Elizabeth, is Argentine. In 2011 the family moved to Argentina so that Elizabeth could finish her studies [presumably at Universidad Adventista del Plata ('River Plate Adventist University') in the small town of Libertador San Martin]. At the time of the auto accident (9 Apr. 2011), they were travelling from Libertador San Martin to Brazil.

Although it seems fairly clear, IMHO, that the other driver -- a man named Horn, age 73, who was driving a Renault Megane and who fled the scene -- was primarily at fault in the accident, both drivers were charged with "culpable homicide in a traffic accident" ("homicidio culposo en accidente de transito"). [I'm guessing that the U.S. legal equivalent would be 'criminally negligent manslaughter']. After several months, the family decided to move back to Brazil.

Alvaro Soliverez blogged:

Mientras tanto, en Entre Ríos se inició una causa pena y la abogada que habían contratado se desentendió del caso sin avisarles. Se supone que el juzgado intentó contactar a Daniel y no pudo y entonces hizo un pedido de captura internacional.

Translation:

In the meantime, criminal proceedings began in Entre Rios Province [Argentina] and the lawyer whom they hired washed her hands of the case without notifying them. Presumably the court tried to contact Daniel but was unable to do so, and then issued a request for his capture.

So, for me the mystery is how he managed to fly out of Brazil without the Brazilian authorities noticing that he had an outstanding arrest warrant. (It would be logical to assume that the Argentine police would have notified their Brazilian colleagues, since Daniel is a Brazilian citizen). I'm not a lawyer or emigration official, so there might be a good explanation which I'm unaware of ...

As Alvaro writes, I hope that reason will prevail and that the situation can be resolved quickly. Daniel and his family sound like genuinely good people, and I'm especially sorry for the tragic loss of their daughter, Geovanna, who was only 16 months old when she died. 

[Just17]

After several months, the family decided to move back to Brazil.

Seems obvious why there was a warrant out for his arrest so .......  he fled the jurisdiction while under a charge of culpable homicide in a traffic accident.
Thus he was a fugitive!

In that case I fail to see anything wrong with his arrest and detention .....  and would expect him to be sent to Argentina to deal with the legal situation he himself created.

No sympathy here if that is the case ......

[menotu]

Wonderful news …

Hello friends! We have wonderful news! The Argentine lawyers challenged before the Argentine courts and challenged the entire procedure was applied to Daniel, the Brazilian press also entered the event with strength and charging the Foreign Ministry saying that if something was not done quickly everything would be exposed in the media. And I think that he will be released today, with probation!

https://dantti.wordpress.com/2012/11/13/wonderful-news/

[menotu]

Dantti's Blog - 16 Nov 2012

Thank you

Hello friends,

After a real nightmare of 5 days in prison I’m finally safe at home, first of all I must thank God, my wife, all of my friends local media and family that really provided us with great help. I took me a lot of time to read all messages that were exchanged while I was in prison. Without the help of all of you I’d probably still be there, when the police officer said on Monday morning that I was free to go I couldn’t believe, the Brazil’s embassy said up to 3 months, the lawyer I got in Munich said at least a few weeks and my wife was informed up to 6 months, not to mention that I would probably stay even more time at Argentina.

Though the trial is not over yet, at least now I can stay home with my family, without the possibility of losing my job, and my wife will go to Argentina to defend me and do what else is needed. I was amazed at how much money was also raised in such short time. As some of you know the travel to the Color Management Hackfest was already a bit hard due to my bank issues but thankfully pretty much everything was already paid. So we will be using the collected money to pay lawyers and travel expenses to Argentina, I don’t know if that will be sufficient but it’s enough to start the process, if you didn’t had the change to donate and still would like to do, just send me an email and I tell the paypal account, this does quite a difference.

https://dantti.wordpress.com/2012/11/16/thank-you/