Free Trieste

DECEMBER 14TH, 2011: THE FIRST EXCEPTION OF THE LACK OF JURISDICTION

Flag of the Free Territory of Trieste. Photo by Ketty Cesar.

Flag of the Free Territory of Trieste. Photo by Ketty Cesar.

14 December 2011: for the first time, a citizen of the Free Territory questioned the simulation of Italian sovereignty over Trieste. It’s been three years since that gloomy, pre-winter Wednesday at the Court of Trieste.

It was me to present and draft and lodge the document in question.

My second action in defense of Trieste’s status.

Indeed, on July 11th 2011 I addressed the EU. I did it as a citizen of the Free Territory of Trieste.

My memories of December 14th, 2011, are about many curious, and intimidated, fellow citizens. They were attending my hearing. And they were questioning if it was possible doing anything like that.

How can a citizen go as far as challenge the machinery of Italian justice, alone? Doesn’t denying Italian sovereignty over Trieste constitute ground for imprisonment? Even more so, when going as far as declaring it right before Court.

The atmosfere was very tense: people were nervous, the few aware of my upcoming action most likely thought I was just kidding. How could I be serious about it?

Because I know my rights.

That’s what gave me strength. I am a citizen of a longly forgotten State. Seeking the re-establishment of the rule of law in Trieste, and to seek it addressing the authorities, is my duty.

I couldn’t afford to be afraid and I had no reason to be afraid. One step for legality: I raised the exception, arguing that Italian jurisdiction does not apply to Trieste. So I spoke, facing the Court.

The Courtroom became silent. I started explaining my exception to the judge and to the other parties involved in the criminal proceeding. I stood trial because of an alleged opinion crime.

Embarrassed, the Public Prosecutor asks the Court to reject my exception without even reading the attachments. Which include the 1947 Treaty of Peace with Italy, in force. So does the lawyer of the complainant, daring to add that Italian sovereignty over Trieste is undeniable.

The judge leaves, remaining in chambers for about fifteen minutes. As he returns, he rejects my exception on jurisdiction without reasons.

Did it end like this? No.

Because I did immediately, personally reject the judge. By refusing to take my exception into account, had become responsible of violating my right to stand before the legitimate Court of the Free Territory. So the Court suspended the proceeding.

The battle to re-establish the rule of law in the Free Territory of Trieste had begun.

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

Free Trieste Movement: sit-in at the entrance of the Court of Trieste (February 2016).