TRIESTE: THE COURT OF APPEAL REJECTS MY FIRST APPEAL. NEXT STEP: THE SUPREME COURT OF CASSATION.
Trieste, January 11th, 2012. – A formation of Trieste’s Court of Appeal (chair: judge Alberto Da Rin) refused my rejection of judge Paolo Vascotto in the trial in which I disputed Italian jurisdiction over Trieste and the present-day Free Territory of Trieste.
Indeed, at the trial’s beginning, on December 14th, [2011] I pointed out that under the 1947 Italian Peace Treaty the Free Territory of Trieste is a recognized State. Therefore, Italian jurisdiction cannot be exercised there.
I declared my citizenship of the Free Territory, and raised an exception of unconstitutionality. Obviously, if Italian judges don’t exercise Trieste’s own, correct jurisdiction, they are simulating bordering Italy’s. But, again Trieste is independent since 1947. And Italy recognizes the Free State of Trieste.
Simulating sovereignty and jurisdiction constitutes a breach of the very Italian Constitution (art. 10). At the same time, I requested the trial’s suspension and all acts be forward to the Constitutional Court, the appropriate Court for matters of Constitutionality.
The judge rejected my exception. Furthermore, once again in breach of the law, he did it with an ordinance instead of with the legally required judgment (which is what Italian procedural code requires when it comes to matters of jurisdiction). Adding insult to injury, the judge didn’t elaborate on his decision. To him, Italian sovereignty over Trieste is “undisputed”.
So I rejecting the judge. This is why the Court of Appeal received my exception, and the Court’s formation rejected it once again. Same for the rejection. Furthermore, the Court ordered me EUR 1,500 expenses (the highest sanction available).
An outright punishment for “daring” exercising my rights – granted under the Universal Declaration of Human Rights and the Italian Peace Treaty – in the Italian “colony“, Trieste.
This is why the care about Trieste’s sovereignty is off the the Court of Cassation. Represented by lawyer Livio Bernot, on 9 January [2012] I impugned the Trieste Court of Appeal’s section and sought its annulment before the Cassation.
In my appeal I emphasized that the sanction I received from the Court of Appeal is a serious intimidation:
“… facing the exercise of the appellant’s legitimate rights, as is the exception on jurisdiction, or a declaration of citizenship, and the violation of the defendant’s own rights.Rights that are granted under international Treaties and Conventions… and constituting the appellant’s legitimation to act, and a ground for rejecting the judge, since he denied the rules-based international legal order…”.
Translated from Roberto Giurastante’s blog “Environment and Legality”.