Free Trieste Movement

THE LEGALLY NON-EXISTING ITALIAN JUSTICE OF THE PEACE RULES THAT THE FREE TERRITORY OF TRIESTE DOES NOT EXIST, RECEIVING THE SUPPORT OF THE FAKE SUPPORTERS OF INDEPENDENCE

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During the hearing of June 11th, 2015 in which I was accused, Justice of the Peace Carla Milocco has rejected with an ordinance my exception of jurisdiction in which I reaffirmed the legal non-existence of the sovereignty of the State of Italy over the Free Territory of Trieste.

The proceeding initiated after a complaint agains me was presented by lawyer Nicola Sponza, secretary of the Movement (which says to be pro-independence) Territorio Libero, and member jurisof the management board of the Triest NGO, abnormal  non-profit organization occupied by Italian collaborationists which claims to struggle for the rights of the citizens of the Free Territory of Trieste on the international level, but, at the same time, it associates to Italian elections, illegally summoned by Italy in Trieste.

The Justice of the Peace, in her ordinance, did incredibili state that: “… as for the first point of the exception, consisting in the lack of jurisdiction of Italian bodies within the “Free Territory of Trieste allegedly established and in legal force with the Memorandum of Understanding of London of 1954, the question was overcome with the Treaty of Osimo of 1975 ….”.

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My exception declared that the Free Territory of Trieste was established with the Treaty of Peace of 1947 (article 21) certainly not under the Memorandum of London, a mere agreement between the parties involved in regard to the handing over of the temporary administration of that State, and that no following agreement could have modified, in any part, the Treaty of Peace and its article 21, which are still in force.

The Justice of the Peace, whose power and very existence had been questioned due to the lack of the formal act of establishment, should have refrained from taking a decision and refer the case the case to the Commissar of Government, who is competent on the magistrates serving in the district of Trieste.

Because the Justice of the Peace is an honorary magistrate, envisioned by the Italian legal system, which cannot be extended to the Free Territory of Trieste, where magistrates must be appointed by the provisional Government and cannot issue judgments or institute proceedings if lacking the needed requirements.

It is as much incredible that the complainant Sponza, despite being the political secretary of a movement that claims to support the independence of Trieste from Italia has demanded to reject the exception of jurisdiction, with which the accused person demanded to undergo the trial before the legitimate Court of the Free Territory, before the Judge that must be appointed by the provisional Government, substituting the illegitimate Justice of the Peace.

Here it is, from the munite of the heating, the declaration of lawyer Bridda, trusted lawyer of Sponza (Sponza was before the Court, but he did not even protest when his defendant did, in one move, recognize the jurisdiction of the Justice of the Peace and the sovereignty of the Republic of Italy over the FTT): “… The Public Prosecutor demands to reject the exception, stating it has no legal ground…. Lawyer Bridda demands to proceed further, as well as reserving to provide ordinances issued by the judges of the Civil and Criminal Court of Trieste on the same matters…”.

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To demonstrate the lack of legal ground of my exception, the defence lawyer of lawyer Sponza did therefore take care to provide to the same Justice copies of the rulings of Italian judges issued in the proceedings in which I had raised the exception of the lack of jurisdiction in the past three years. Among thee, the “famous” ordinance of Judge Leanza, issued during one of my criminal proceedings in which I had rejected three times the investigating magistrate who had rejected, without providing a reason, my instance and, due to this, I was punished with heavy fees for exercising my rights as a citizen of the Free Territory of Trieste under the Treaty of Peace.

It was right thanks to my exceptions, presented in December 2011, that  the legal case of the Free Territory of Trieste was opened, even on the international level. And the disavowing of their value and truthfullness, now, committed by the people who keep using these, as they associate with the repressive actions of the Italian magistrates who has reject this kind of exceptions does perfectly represent the betrayal of the ideals of our cause.

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

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