Free Trieste

THE ITALIAN COURT OF APPEAL OF TRIESTE  WAS “ABOLISHED” IN SEPTEMBER 16TH, 1947: WHICH JURISDICTION IS IN FORCE IN TRIESTE?

Court of Trieste, January 29th, 2013: the G.U.P. (Giudice Udienze Preliminari – Judge of the preliminary hearing) issues judgment 49/13. I am free of all charges (an opinion crime). However, my exception on jurisdiction is not accepted. The judge claims that:

“…the assumption that that the city of Trieste is not under the Italian State’s administration does clearly and manifestly lack ground”.

My exception’s “ground” is that the 1947 Italian Peace Treaty:

21.1. There is hereby constituted the Free Territory of Trieste, consisting of the area lying between the Adriatic Sea and the boundaries defined in Articles 4 and 22 of the present Treaty.

The Free Territory of Trieste is recognized by the Allied and Associated Powers and by Italy, which agree that its integrity and independence shall be assured by the Security Council of the United Nations.

21.2. Italian sovereignty over the area constituting the Free Territory of Trieste, as above defined, shall be terminated upon the coming into force of the present Treaty.

The Treaty is in force since September 15th, 1947. This means that Italy has no sovereignty over the Free Territory of Trieste.

the only legitimate jurisdiction is Trieste’s.

The Italian judiciary had one only way out: admitting that it exercises the Italian Government’s administrative jurisdiction. Indeed, since 1954 the Italian Government is also the present-day Free Territory of Trieste’s. It is a role sub-entrusted to it by the British and by the United States Government.

But doing so would mean admitting, after 60 years in denial, that Trieste is the capital city of a State, and independent from Italy.

The Italian State does not administer Trieste. However, the Italian Government does. It is interesting how the judgment mixes the two things up.

Legally speaking, administration is not sovereignty.

Indeed, Trieste’s temporary civil administration is established under the 1954 Memorandum of Understanding regarding the Free Territory of Trieste.

From 1947 to 1954, it was a temporary military administration. However, since 26 October 1954, the Italian Government is sub-entrusted with the parallel role of Trieste’s temporary civilian Government under a special trusteeship mandate.

Special trusteeship means Administration. As in governing and existing State in compliance with its law, and indeed the A.M.G. F.T.T. (Allied Military Government of the Free Territory of Trieste) has never simulated British or United States sovereignty over the Free Territory of Trieste.

Currently, however, the local Italian bodies simulate Italian sovereignty in breach of Italy’s own legislation. An outright “camorra” that protects its shady business hiding behind an Italian nationalism as fanatic as anachronistic.

The very presence of Italian judicial authority in Trieste is in question if it claims to enforce not the mandate entrusted to the Italian Government, but Italian jurisdiction in place of the Free Territory’s.

Indeed, the Free Territory has its own legislation, including about trials and Courts. It even has its own Official Gazettes. It did also in the earliest years of the Italian administration (until 1964).

For example: the Italian Court of Appeal of Trieste was cancelled at the coming into force of the Treaty of Peace. Italy could not have Courts in another State. The Italian law about it is: Decreto Legislativo n. 1319  del Capo Provvisorio dello Stato of October 4th 1947, in force since September 16th, 1947 (the day after Trieste’s independence). And it is retroactive.

It is a law in full force.

Yes, you got that right: the law abolishing the Italian Court of second instance in Trieste is in force.

In truth, someone tried to repel it, 61 years after its coming into force. However, a “forgetful” Italian legislator, with Decreto Legge No. 200 of November 22nd, 2008 abolished the wrong law! Instead of Decree No. 1319 of October 4th, 1947 he got rid of Decree No. 1319 of November 4th, 1947. One that doesn’t exist.

There is another Italian law in force confirming that Trieste’s Court of Appeal is not an Italian Court. Law No. 330 of 22 April 1953 about the organization organic plants of Italian Courts of appeal.

Of course, Trieste is not in the Italian Court’s list. It cannot be there: simply enough, Trieste and its Court are not in Italy. They didn’t in 1953 then and they don’t now.

The present-day Court of Appeal of Trieste belongs to the Free Territory.

In 1948 the A.M.G. F.T.T. made Trieste’s the Court of third and last instance of the new State.

It took six years for the Commissioner General of the Italian Government to issue own Decrees (No. 2 and No. 25 of 1954, among others), thus with acts of jurisdiction of Trieste, to temporarily subject Trieste’s Court of Appeal to the Italian Court of third and last instance, the Italian Court of Cassation.

However, but this doesn’t justify the simulation of Italian sovereignty. It only makes it a double violation of the legal orders of two States. One more lessons of reverted law, from an upside-down democracy…

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