The citizens of the Free Territory of Trieste put the Italian Government in default
For breach of the international mandate of temporary civil administration (special trusteeship) over the Free Territory of Trieste, entrusted to the Italian Government.
With an act presented on June 18th, 2013 in the personal and collettive interest of the citizens of the Free Territory of Trieste, the Free Trieste Movement has put the Italian Government in default, for its role of provisional civil Government of the FTT by virtue of the international special trusteeship assigned to it (Memorandum of Understanding regarding the Free Territory of Trieste, signed in London on 5 October 1954).
The Italian Government is charged with committing, from 1954 to 2013, during the exercise of this mandate, continuing and increasing violations of the obligations and purposes established with that mandate, as well as of the individua and collegial rights of the citizens of the State it administers by virtue of the salme mandate, in order to take control of it by illegal and deceptive means, at the advantage of the Italian State, which borders with it. This behaviour causes unfair and severe moral and material damages both to the people of the administered State and to the international Community, for its rights to use the Free Port of Trieste without discriminations.
The formal notice of default, documented with evidences of the violations committed by the provisional administering authorities, is extended as an international complaint to the UN Security Council as well as to all UN Member States, to all signatories of the 1947 Treaty of Peace with Italy, to the European Parliament, and to the European Commission.
As notice of default, the act was also notified to local administering bodies of the Italian Government and of the Italian State that act in the Free Territory of Trieste for their liabilities in both individual and collective violations of rights.
All violations were committed gradually, step by step, but always with the same system to either force of to hide the violation of the mandate with hammering political operations and by the repression of democratic dissent, as well as by providing unjustified, massive funds, both public money and by secret means, to parties, organiations, representatives, propaganda and to media that promote Neo-fascism and the Italian nationalism of border areas as fanatic supporters (from both the right and the left wing) of Italian sovereignty over Trieste and of irredentist claims over all the territories ceded by Italy under the 1947 Treaty of Peace. This is how Trieste was manipulated and handed over to a decaying local political establishment, selected on the base of nationalism, and involved in the well known systems of corruption of the Italian political system.
Requests of the Free Trieste Movement with this complaint:
A. – That the Italian Government, as well as its local bodies, take care, either on its own initiative of upon intervention of the Organization of the United Nations:
1) to recognise and rightfully exercise its international mandate of temporary civil administration over the Free Territory of Trieste, through own decrees of through decrees of officers specifically delegated for this purpose, avoiding and remedying to any possible confusion between the sovereignty of the administered Free Territory and the sovereignty of the Republic and State of Italy;
2) to adjust those provisions and the exercise of the whole trusteeship to the limits and the purposes of the international mandate, as defined with the Treaty of Peace of Paris of 1947 and with the 1954 Memorandum of Understanding of London, and to correctly inform its officers of it;
3) to do so, also to appoint again a General Commissioner of Government to be in charge of the administration of the Free Territory of Trieste, as well as to temporarily entrust the Port authority of Trieste with the powers of the Director of the Free Port of Trieste described by specific provisions of the Treaty of Peace.
4) to officially recognize and respect the status of citizenship of the Free Territory of Trieste to all entitled persons, and also in case of possible dual citizenship;
5) to take care of voting procedures for the election of a collegial body, for it to represent and to democratically exercise the autonomous sovereignty of the people of the Free Territory of Trieste, even with respect to the provisional administering Government, by the means, in accordance with the principles, and with the powers established with the 1947 Treaty of Peace;
6) to legitimate the use of public officers of Italian public administration who are involved in the administration of the Free Territory of Trieste by issuing the appropriate decrees of appointment under the international mandate, entrusting them with the functions deriving from it as well as adjusting their retribution to this role;
7) as for working places, wherever that is possible, to grant precedence to the citizens and residents of the Free Territory of Trieste;
8) to separate all budgets and administrative functions, including taxation, of the administered Free Territory from these of the Republic and State of Italy;
9) in fulfillment of the Treaty of Peace, to take care of all correct trascrizioni tavolari (Land Registration procedures) in the Register of the State Properties of the Free Territory of Trieste for all public properties (terrestrial, maritime and other) that belong to the administered Territory, including these under the management of the Free Port of Trieste;
10) to immediately suspend an declare null and void all forms of taxation, direct of indirect, to the citizens, the enterprises and the public bodies of the administrated Free Territory, as well as of the payment, in any measure and form, of Italian public debt, as that constitutes an action expressly forbidden by the Treaty of Peace Treaty of Peace;
11) to immediately declare null and void the imposition and the collection of any discriminatory tax established over the Free Port of Trieste in violation of the specific prohibitions established with the 1947 Treaty of Peace;
12) to begin recalculating, ab origine and also in consideration of the aforementioned prohibitions and of the other violations, direct or collateral, of the obligations deriving from the international trusteeship mandate, the debits and credits between the administered Free Territory and its administering Italian Government, because that is responsible of those violations, and to do it without taking into account the rights or enforced recovery from third parties; this process should then envision the right compensations, which can be gradual, for the benefit of both bodies, the enterprises and the citizens of the administered Free Territory, without time limits;
13) to initiate the proper procedures to regularise the position of the Free Territory of Trieste as independent port city and State, although under an international, trusteeship mandate, in both the European Union and in other international institutions;
14) to return the mandate of temporary civil administration to the United Nations, through the Security Council, in case the Italian Government finds it absolutely or partial impossibility to fulfil those requests, or in case fulfilling them gives raise to a conflict of interests with the Republic or the State of Italy, of which this administering Government is – at the same time – a body.
B. – that the Organization of United Nations takes care to note, as soon as possible, this complaint, and urgently summons the authority in charge of examining this petition, completing all needed inspections and inquiries, and then to take all necessary measures as soon as possible.
C. – that the European Parliament and the European Commission take care to note, at the earliest possibile time, of ordering all needed interventions and to adopt promptly all measures that prove to be necessary to re-establish the legitimate relations between the European Union and the Free Territory of Trieste, whose Government is currently represented by the Italian Government in fulfillment of an international trusteeship mandate of temporary civil administration.
The document: LINK
Please note: this document was written in 2013; since then, the legal researches of the Free Trieste Movement have revealed many more aspects of the question of the Free Territory of Trieste, especially when it comes to the role of Region Friuli Venezia Giulia, the principles of the European Treaties by virtue of which European law is extended to the Free Territory of Trieste, and also of the military protection of NATO over the present-day Free Territory of Trieste.
In 2016, the Law Commission of the I.P.R. F.T.T. – International Provisional Representative of the Free Territory of Trieste has published an expertise that describes the status of the present-day FTT and of its international Free Port precisely and accurately. The document is published here: LINK
The present-day Free Territory of Trieste borders with Italy and with Slovenia