THREATS OF STATE (OR OF THOSE WHO ABUSE OF IT?)
THE REGIONAL ADMINISTRATIVE COURT REJECTS FREE TRIESTE’S APPEAL AGAINST ITALIAN ELECTIONS. THE DECISION IS ABNORMAL: VIOLENTLY POLITICAL AND ANTIDEMOCRATIC. TIME TO IMPUGN AND DENOUNCE THIS ABUSE.
Judgment No. 530/2013 of the Regional Administrative Court for Friuli Venezia Giulia rejected the appeal of 57 citizens of Trieste and members of the Free Trieste Movement. However, this is not a legal decision like any other, rather, it is one more step in the illegal strategy of tension that local Italian elections are enacting against Question Trieste, in breach of the very Italian Constitution. And it is something that, obviously, doesn’t stem from Rome, but from Trieste’s circles which, across the board, profit from the ongoing crisis of legality and economy.
A more than legitimate legal action for the re-establishment of the correct provisional administration of the present-day Free Territory (zone A), which is being substituted with a simulation of Italian sovereignty in breach of the 1947 Treaty of Peace.
Yet, the Regional Administrative Court disregarded it with an anti-legal judgment that settles on political claims, going as far as labeling as subversive the plaintiff. Obviously, this all goes to the advantage of political circles and of the local newspaper, which is attacking Free Trieste with unbelievable lies and accusations.
According to the administrative Court, the Free Territory of Trieste never had legal existence, and doesn’t exist because the 1954 Memorandum abolished. Again the administrative Court claims that both the 1975 Treaties of Osimo and of Helsinki confirm it. Some local theory, but internationally it is indefensible.
For instance, the 1947 Treaty of Peace could not be amended with a written note by part of its signatures (and indeed nothing like that ever happened). Furthermore, the 1954 Memorandum and the other two “treaties” cannot amend it either.
The MoU regarding the Free Territory of Trieste, for one, is an agreement between Government, not States. The so-called “Treaty of Osimo” is a bilateral agreement which confirms the MoU (art. 7). The Helsinki final act, if anything, confirmed the 1975 FTT border, because it was signed by the heads of the Italian and of the Yugoslav Government. Which means, the authorities in charge of the original FTT’s administration.
Since international treaties are rather clear and Italy must comply with them, the administrative Court chose another path. A question of legality is brought before it, and the Court disregards it defending the status quo, presenting it as a factual occupation (!) With Italy forcefully taking the FTT and its international Free Port. Only, Italian laws disprove it.
Even, the three administrative judged dare to call “dangerous for peace” putting such an abuse into question, despite its remediation being very easy for the Italian Government. All it takes is that is an act as the present-day Free Territory of Trieste’s temporary civil administering Government!
The judiciary of a democratic Country should not be capable of the political and insulting violence with which, forgetting that they are subject only to the law, the administrative judges in question label the very appeal as “inherently and deliberately subversive in nature” going as far as punishing the plaintiff for “incitement”, “instigation to disobey the law”, the crime of “abuse of people’s credulity” and, finally, “attempt to undermine the State’s unity”.
It is all absurd, groundless allegations, and acting on them would constitute nothing but political repression of political rights and free speech, no differently than in totalitarian regimes. Such an abuse would have its international consequences.
The only subversion here is using the judiciary for political purposes, advocating, like during the fascist era, the punishment of citizens who dare stand for their rights before Court. And so is the decision of those Italian judges to rule in breach of the Italian Constitution, which recognizes international legality. Administrative decision 530/2013 diverts and breaches such obligation for political reason: an outright abuse of office.
The mystifications of international law contained in that judgment, which we cannot yet explain in detail, are such that this alone would justify and international legal action against Italy.
[NOTE: in 2016 The I.P.R. F.T.T. Law Commission analyzed those mystification in a detailed expertise, read it HERE].
Cherry on the cake: not only the judgment is full of fascist-style attacks on democracy as for political rights and free speech, the Regional Administrative Court didn’t even bother to lodge it in Slovene. Trampling on the Slovenian Community’s rights, which are established not only by the 1954 MoU, but by the very Italian laws. The Court’s denial has more to do with politics than with the law.
Not to mention, the judgment insistently and deceptively tries to imply that the legal action – again, impugning the summoning of regional elections – involves Slovenia and Croatia. But they have nothing to do with it.
Free Trieste is seeking the annulment of this abnormal judgment that spites the law before the next instance of administrative justice, the Council of State. If necessary, also before international Courts. More than a court action, judgment No. 530/2013 is a political repressive operation against the law. Free Trieste is also evaluating the criminal and political implications of the decision, because, again, those constitute severe threats and have no justification in what should have been a decision based on the law.
This judgment seems to exist to grant Italian administrative courts powers far outside their scope, like punishing the people on political grounds. A callback to the fascist era and its “Special Courts for the defense of the State”.
This abnormal judgment’s purpose became immediately clear as soon as the newspaper of nationalistic circles, “Il Piccolo” used it to attack Free Trieste very violent, in an attempt (of the many) to scare the people.
No matter how weak and groundless their claims are: those circles are still trying to force and enforce them, and it is clear that they aim at raising tensions and triggering reactions in order to accuse us of even more wrongdoings.
This means the people of Trieste must be still, not allow propaganda to scare them, and ignore provokers. We stand with the law, right and justice, including the rights of the people of Trieste to live free and in dignity. Together, firm, we win. We can overcome this.
Translated from blog “Environment and Legality” by Roberto Giurastante