CHRONICLE FROM THE JUDICIAL FRONT

OCTOBER 29TH,PROCEEDING No. 282/13.

ROBERTO GIURASTANTE, CITIZEN OF THE FREE TERRITORY vs THE ITALIAN GOVERNMENT AND EQUITALIA S.p.A.

Continues the legal battle to defend the Free Territory of Trieste. It is a hard struggle, Free Trieste’s opponent criticize it a lot. Among them, fake pro-independence gangs in seek of power and compromises with the local establishment. The same establishment that suffocates Trieste and its international Free Port.

This legal battle is the core of the international actions for the recognition of the civil rights of the Free Territory’s people.

Rights that are hard to win back without questioning the simulation of Italian sovereignty over Trieste right in front of the responsible local authorities. Nobody is ever coming to defend Trieste if the people of Trieste remain silent, waiting and seeing if anything happens.

This is why it is so important standing here, before Court, denying the authorities of judges who claim to act on behalf of the Italian State and, therefore, deny their very authority, which derives from Trieste’s provisional administering Government.

Today there is a unique hearing. One that collects three proceedings in which I oppose the payment of court fees. Why did I receive such sanctions? Because I rejected judged who refused to enforce the laws in force in Trieste. It’s part of the fight. The more you claim their rights, the more they try to silence you with court fees.

Because every exception of jurisdiction is a blow to the illegal system of the local nationalistic “camorra”. The system identifies you as a “seditious” element, as a “subversive” enemy of the established disorder. So the system tries to stop you, no matter what.

Technically, I should have two lawyers. In facts, they both renounced the case. This is a practical consequence of this long, continuing persecution. Intimidating whoever sides with the “subversive”, isolating them, ensuring they “can do no harm”. Someone dares to say it out aloud. In a system as closed and corrupt as is Trieste’s establishment, it is not even hard to do so.

Still, as long as even one citizen exercises his undeniable rights, the battle goes on, and Question Trieste cannot be “dismissed”, unlike my three appeals. Why did the Court do that? Easy.

I had already rejected this judge in another proceeding. Back then, he rejected my exception on jurisdiction. His decision resulted in a criminal complaint. However, my rejection was not accepted by the Court, and here we go: that judge is once again in charge. He set the terms for the parties to restart the proceeding. Only, my lawyers didn’t do it.

Hence the other parties, the Italian State and Equitalia, sought the proceeding’s termination.

So here we are, again before Court. The avvocato dello Stato (lawyer of the State’s legal service) is the same one who, in another proceeding, made himself a perfect example of a low-class legal system.

Remember? Before the hearing, he handed his brief to the local newspaper’s journalist. The journalist had been ambushing the lawyer to get hold of the document for his upcoming article. One against those standing for legality (myself). Except when the judge asked for the “precious” document… the State’s lawyer had tu run after the journalist, down the Court’s corridors: he forgot to retrive it!

Obviously, the judge remained emotionless as the circus ensued: indeed an insult to the Court, even more so because it was the State’s lawyer to act in such a shameful way. Yet, nobody scolded him. Isn’t this the right lever of justice for a “seditious” supporter of the Free Territory?

From a gag to another, it is worth mentioning that this is the same State’s lawyer who, in an interview to the local newspaper, derided Free Trieste’s legal battle and dismissed the Free Territory of Trieste as “Topolinia” (Mouseton’s Italian name).

Nice atmosphere we have, don’t we?

At least, this time the room is “demilitarized” for good. Until a few months ago, the Carabinieri guarded each and everyone of my legal proceedings. Even if, paradoxically, I stood in a Court that belongs to the Free Territory of Trieste, not to Italy.

Curious enough, this is once again something I discovered (the Italian judged didn’t know about it) and it is one of the main arguments in the three proceedings someone else wants to dismiss. Indeed, that would be the system’s victory.

But it won’t end like this.

Two are civil proceedings, so I cannot represent myself (one more blessing of the Italian legal system). The opponents barely hide their satisfaction. Same for the judge. They can easily dismiss two “troublesome” proceedings, and they won’t even have to care about jurisdiction.

However, the third is a criminal proceeding. It is me versus Italy and its tax-collector, Equitalia. Here I lodged documentation explaining that the local Court of Appeal does not belong to an Italian Circuit Court. It is a Court of the Free Territory of Trieste.

My lawyers objects that, after being confirmed as the judge in this proceeding, the magistrate must now express himself about my exception of jurisdiction. Indeed, this is a preliminary exception: logically, and from a procedural standpoint, this is a prejudicial exception that affects the proceeding’s very existence. Failing to declare the jurisdiction title puts the proceeding at risk of nullity and voidness. Including its dismissal.

It’s all here. But it hits like an atomic bomb. The judge is embarrassed. So are Equitalia’s lawyers. The State’s lawyer panics. He recalls some past, unspecified rulings of the Court of Trieste. In his opinion, that decision has ultimately declared Italian sovereignty over Trieste.

My lawyer addresses him and his charade-like behavior all along the discussion. We are before Court, discussing serious matters. It is the core of the rules-based international order.

It would be unwise for Italian courts embracing some misguided decisions about it. Indeed, it is hard arguing in good faith that the 1947 Treaty of Peace with Italy is no more, that this goes at Italy’s own advantage, and that this somehow legitimates a claim of Italian sovereignty Trieste and over its international Free Port. Especially since they are protected under UNSC S/RES/16 (1947).

Frozen in silence. Equitalia’s lawyer says nothing. I guess my lawyer’s statement is now well-recorded in the minuted. The judge receives a print version. The Court reserves a decision. The hearing is over, but its outcome is far-reaching. We all know it.

It is just like infamous adminsitrative judgment No. 530/2013 in action for the annulment of illegal regional elections in the Free Territory of Trieste.

This judgment is now a Sword of Damocles for Italy: how can it explain internationally the actions of the local judiciary?

Off walking the path of legally and diplomacy.

The file of the Free Territory of Trieste is not dismissed.

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

Free Trieste

Legality and full rights of the Free Territory of Trieste

FTT: CHRONICLE FROM THE JUDICIAL FRONT

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