Unofficial translation of an article published on July 26th, 2013 by Paolo G. Parovel on “La Voce di Trieste”: LINK
Trieste: a Prosecutor and a Newspaper intensify a repressive campaign against Free Trieste
In our previous analysis (“Case Free Trieste: why Il Piccolo tries to save Public Prosecutor Frezza accusing the police?”. Read it HERE) we documented and denounced the scandalous, illicit campaign to delegitimize and repress the Free Trieste Movement. At the moment the campaign’s leaders are political parties (in particular the Italian Democratic Party, PD) local newspaper “Il Piccolo” (director: Paolo Possamai) and two magistrates. One, who requested this campaign, is Mr. Filippo Gulotta, President of the Court’s criminal section, the other, who carries it out, is Public Prosecutor Federico Frezza. He is also the deputy Chief Prosecutor, because the office is vacant.
Why this repression is illicit
Besides the already denounced operational system, the illicit nature of the action is in its ultimate purpose, which is against the law and against democracy: intimidating, punishing, and divide the increasing number of citizens of Trieste who join the Movement to declare, on solid legal foundation and by peaceful means, that, since 1947, Trieste and its Free Port belong to the Free Territory, UN Member State entrusted, since 1954, to the temporary civil administration of the Italian Government (not to the Italian Republic) under a special trusteeship mandate, the Memorandum of Understanding of London.
The mandate is to be carried out by virtue, in compliance with and for the purpose of UNSC S/RES/16 (1947) and of the 1947 Treaty of Peace with Italy (art. 21 and others), under Annexes VII (Provisional Regime of Government) and VIII (international Free Port). However, the Italian Government allowed continuing violations of this mandate, including the simulation that administered Trieste is, instead, part of the Italian State, suffocating the free port of Trieste for the sake of Italian ports, taking hold of Trieste’s State properties, forcing the people to pay undue taxes, with the expectable spoliations that come with it.
Those constitute breaches of the international mandate, but also of the Italian domestic order (Italian Constitution, arts. 10 and 117). Any action with the purpose of extending, by any mean, Italian sovereignty over the Free Territory of Trieste (despite such sovereignty’s liquidation on September 15th, 1947) is therefore an offense under both Italian and international law. An offense that is further worsened in case it is committed by an officer of the Italian State who, like a magistrate, must enforce the law.
This means that Trieste’s citizens who question a non-existing Italian sovereignty cannot be criminally prosecuted by the Italian judicial authority, not only for matters of jurisdiction, but because they are exercising a fundamental right (art. 51 of the Italian Code of Criminal Law). Even, they cannot be charged with crimes against the Italian States’ unity and independence (art. 241 of the Italian Code of Criminal Law) because the Free Territory is its own State.
This means, the illegitimate action of a magistrate or other offices of the Italian State who, exercising their institutional duties, declares or attempts to exercise the non-existing Italian sovereignty under the administered Free Territory is not a legal act, it’s a political action. Which, as such and as it goes against the law, does equally go against the roles, duties and legal powers of a State officer, giving raise to all consequent criminal offenses.
However, the problem can be solved very simply. All it takes is the the Italian Government peacefully accepts the complaints of those citizens and, recognizing to exercise a special trusteeship mandate, fixes past wrongdoings and corrects its administration in the future. The Italian State, on its side, being a third Country, should renounce the illicit pretense to claim and simulate sovereignty over the Free Territory, which its Government administers.
Chronology and escalation of the repression
Ad documented in the previous analysis, so far the repressive action against Free Trieste consisted in a well-directed campaign on the press, or otherwise conducted by local newspaper, political parties, politicians, and the two aforementioned magistrates.
It all started questioning, with defamations, the legitimacy of the purposes and funding of the Movement. Then a (provoked) protest in a Courtroom became the excuse to demand, as in a totalitarian regime (through Mr. Gullotta) the punishment of Free Trieste’s lawyer, and to unleash the local Prosecution (Mr. Frezza), all while spreading it all on “Il Piccolo”.
Even if the pertinent investigations are under the jurisdiction of the Prosecution in Bologna (art. 11 of the Italian Code of Criminal Law), all while announcing, as a threat and without even an alleged crime, that the list of the thousand of members and sympathizers was to be taken, and then pretending it had happened.
Today (July 26th, 2013) the newspaper and deputy Chief Prosecutor Frezza escalated the intimidatory action announcing the opening of an investigation, without criminal allegations, against 2000 citizens who, in the past months, presented in self-defense an exception on jurisdiction for matters of taxation and others. Even is the Italian Ministry of Justice has recently confirmed to be legitimate.
The content and the title of this article, «Ftt, Frezza has the member list and is “hunting” State workers» imply that State workers and pensioners may be punished with the loss of their jobs or incomes. Which doesn’t’ need a moral or legal comment. At the same time, the other members of this acting group takes advantage of the situation to forcefully promote, once again on “Il Piccolo”, the illegal housing and building speculations and other operations in the Free Port, which Free Trieste is preventing.
The expected, intolerable developments
At this point, the immediate risk is that the Movement is illegally attacked by those means. But there is an even greater risk: that of a deputy Chief Prosecutor and his supporters in the “establishment” (be them active or passive) cross the line even further. And, to shield themselves, they would need to show that they took legitimate actions against a subversive, dangerous movement. Thus providing grounded and serious evidences and criminal allegations.
To make it clear: rumor has it that they are doing it in the following days. But it is hard to understand which alleged crimes, and how, since the imaginable ones (including that of a joint attempt against national unity) do not apply for the aforementioned reasons. And evidences should be incited, fabricated, or simulated, because Free Trieste is a peaceful Movement that stands for legality.
This is why, when it comes to the imminent, expectable developments of the situation, observes in Trieste and in other places are divided. Some think that in Italy all abuses have already happened and may always repeat, others consider that, in this specific case, that is impossible, and the repressive operation is being quickly stopped by authorities above those actively or passively involved.
At this point, in view of the opportune warnings here and in other places, all that we can do is observe carefully what other dangerous steps they are willing to take.