Free Trieste Movement

ILLEGITIMATE JUSTICE: THE CASE OF HONORARY MAGISTRATES IN THE FREE TERRITORY OF TRIESTE

GDP_TS

Office of the Giudice di Pace (Justice of the Peace) in Trieste

With the act that I presented on April 19th, 2015 to the Commissar of the Italian Government in the Free Territory di Trieste I requested that a judgment issued by the Justice of the Peace of Trieste is declared legally inefficacious under the Treaty of the Peace of 1947.

The proceeding in which I had been committed for trial before the Justice of the Peace dates back to 2003 and it revolves around my action to denounce the building and environmental infringements e riguarda un mio intervento di denuncia pubblica di abusi committed by the Municipal Administration of Muggia, which denounced me for defamation with aggravation. The story of that trial can be read on this blog entry (In the name of Concrete) and I wrote about it in my book, Tracks of legality.

That was the time of the intense struggles in defense of out territory, assaulted by both building speculation and the uncontrolled disposal of hazardous waste. Trieste, due to the approval of a corrupted political class, had become the favorite land of the powerful Italian mafia-like criminal organizations and their criminal business.

We weren’t many standing against this system, which shares many traits with the Mafia and, as for Trieste, it was well protected for State reasons, as we would then discover at our expenses.

Back then we were still animated by trust in the institutions, in particular judicial authorities. But this trust did soon disappear, as we discovered, step by step, the evidences of the complete collusion of each representative of the State of Italy in the commitment of the environmental disaster of Trieste.

Our complaints were used against us, and our environmentalist organization (Amici della Terra Trieste – Friends of the Earth Trieste) was wiped away by the very same judicial authority which we had addressed, as we trusted them: nobody shall investigate about the waste that Italy had dumped in Trieste.

This trial before the Justice of the Peace was the first signal they sent to us, for us to immediately cease our action, as it was considered tedious by Italy. Back then we were not aware yet of out rights of citizens os a State which is occupied by the Republic of Italy and, therefore, administered with laws meant to deny legaly. To be in a land without law, where the only ones who are granted with their rights are the members of the caste of Italian nationalists who are loyal to the occupying Country.

That unfair condemn and the consequent legal actions, which lead to the crumbling and destruction of the environmentalist movement that stood for the redemption of a land raped by State pollution, contributed to strengthen my spirit of rebellion against the ones who had poisoned our environment and our people. And I decided to never surrender to the arrogant power of the Mafia.

I kept struggling to affirm legality in out land and, by now, the moment when we can be free is no longer that far away, Of course, the major part of this depends on the Triestines themselves. Now, the citizens of this occupied State, whose name is Free Territory of Trieste, are aware of their rights: they must claim these and want these respected.

I am doing it, everyone must do it. And so, our freedom comes closer. That very same judgment issued by the Justice of the Peace, the symbol of the cancellation of our rights, is questioned by me in the name of out laws: these of the rule of the law, in a State in which – illegitimate – laws of the bordering Republic of Italy cannot be enforced, as that is a third State which has no power on Trieste and its international Port.

Among the illegitimate laws which, therefore, cannot be enforced in the Free Territory of Trieste, there is also the one establishing honorary magistrates – including the Justice of the Peace. It is Law No. 374 of November 21st, 1991, and its amendments.

This law and its amendments cannot have legal force in the Free Territory of Trieste since there is no evidence that these were ever extended through the required legislative provision of the same Commissar of the entrusted Italian Government, of of the entrusted Government itself.

The issuing of judgments by honorary judges instead of by ordinary judges violates the principles of Article 102 of the Italian Constitution which reserves the judicial role to ordinary magistrates and this became part of the general principles of the legal system of the Free Territory of Trieste under Commissarial Decree No. 100 of March 3rd, 1955.

This law and its amendments cannot have legal force in the Free Territory of Trieste since there is no evidence that these were ever extended through the required legislative provision of the same Commissar of the entrusted Italian Government, of of the entrusted Government itself;.

Any enforcement of legal provisions of the legal system of the Italian State (or any other State) within the legal system of the Free Territory of Trieste without these being priorly adapted with a specific legislative provision of the entrusted provisional Government:

  1. affects and threatens the rights and legitimate interests of more than just the parties in individual civil, criminal, administrative, fiscal trials, or in these regarding the registration of properties, but also the rights of all the citizens and enterprises of the Free Territory of Trieste;
  2. violates the international laws on the Free Territory of Trieste, but also the Constitutional legal order of Italy (articles 10, sub-paragraph 1 and Article 117, sub-paragraph 1 of the Constitution of the Republic of Italy).

All jusdgments issued by honorary magistrates within the Free Territory of Trieste constitute a breach of a number of laws regarding the  temporary civil administrative jurisdiction over the Free Territory of Trieste, entrusted to the Italian Government under the Memorandum of Understanding of London of October 5th, 1954, executing the Treaty of Peace with Italy, singed in Paris of February 10th, 1947, along with the consequent powers that had already been exercised by the Allied Military Government of the Free Territory of Trieste (AMG – FTT) which under Decree of the President of the Republic No. October 29th, 1954, the Italian Government delegated to the Commissar of Government in the Territory of Trieste, and were then handed over to the Commissar of Government in Region Friuli Venezia Giulia, who exercises said powers to this day, under Constitutional Law No. 1/1963.

Translated from blog “Ambiente e Legalità” – “Environment and Legality” by Roberto Giurastante

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