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THE JUDGE CONSIDERS IT “USELESS” TO EXPRESS HERSELF AS FOR THE LACK OF JURISDICTION AND RULES THE DISMISSAL OF THE PROCEEDINGS
Roberto Giurastante’s statement to the Court (civil proceedings No. 2912/12 and 3183/12).
As citizen of the Free Territory of Trieste under the law, for purposes of self-defense in administrative, fiscal, civil, criminal and military proceedings and trials of Italian Authorities in which I was or will be involved in whatever position, and for any related purpose,
objects
that when on the land or circumstances falling under the sovereignty of State of the Free Territory of Trieste, he cannot undergo to the – here non-existent – jurisdiction of the State of Italy, but only to the civil jurisdiction of the Free Territory of Trieste, granted by the Security Council of the United Nations which is temporarily exercised by the Italian Government, as special trusteeship, under the mandate it received with the 1954 Memorandum of Understanding of London.
Therefore, we consider a duty of the judge in charge that, before issuing any judgement, they question their own legitimacy to do so, since it is obvious, both under the logical and legal perspective, any decision taken by a magistrate who lacks the authority shall be regarded to as null and void and, even, a vicious act and technically does not exist in the procedural code.
***
The two judgments with which Judge Monica Pacilio of the Court of Trieste has declared the dismissal of two proceedings in which, as appellant, I had raised the lack of Jurisdiction of Italian authorities taking action in Trieste – outside the borders of the State of Italy – cannot but raise indignation.
The appeals follow my impugnation of the payment ordered to me by the Court of Appeal of Trieste for my opposition to the illegal exercise of power committed by Italian judges in the Court of Trieste.
After raising the lack of jurisdiction for the first time, on December 14th, 2011, declaring to be a citizen of the Free Territory of Trieste under the Treaty of Peace of 1947, I had begun a long battle before the Courts of justice for the recognition of my rights, including being judged by the legitimate Court of the Free Territory.
All the exceptions I had presented in several criminal, civil, administrative and fiscal proceedings were rejected. But, for the first time, Italy had no legal answer to provide about its actions in Trieste, which violate the 1947 Treaty of Peace.
This is how the “spring” of the Free Territory of Trieste begun. Thanks to my exceptions, lodged also in civil proceeding in which I was the offended party, we gained the partial recognitions of the nonexistence of Italian Sovereignty over Trieste until 1975.
And for the first time, the very Court of Trieste confirmed with a legal translation the meaning of the 1954 Memorandum of Understanding regarding the Free Territory of Trieste. The Court admits that the document is in force. This confirms Trieste’s provisional administration and the Italian Government’s obligations also regarding Trieste and its international Free Port.
This legalitarian opposition allowed the citizens of Trieste to be finally aware of their rights, rights that had been hidden and denied for decades. Rights that could and can be claimed without fear, as they exist to this day.
The other side of the coin was the systematic repression brought forward by Italian judicial authorities against me. All my legitimate rejections of the judges who denied my rights and violated international treaties refusing to enforce the law was severely punished.
Sanctions and more sanctions, meant to intimidate and repress. Along with very high legal expenses in favor of the counterpart, which was the outlaw State of Italy nearly all the time, side by side with its armed wing in charge of tax collections: Equitalia.
The latest judgements issued by Judge Monica Pacilio of the Court of Trieste in which the very evaluation of the preliminary exception on jurisdiction is denied to appellant are themselves part of the repression.
because the Judge, having to demonstrate the legitimacy of her actions in a territory which is outside the Republic of Italy did simply refuse to do that, ruling the dismissal of both proceedings with the unbelievable motivation that “the declaration of dismissal does logically – even before legally – precede the question on jurisdiction…”.
In the name of her own “logics” the Judge has then punished the appellant, ordering him to pay legal expenses in favor of the opponent, Equitalia.
Welcome to the lawless land, the (law) Free Territory of Trieste.
Translated from blog “Ambiente e Legalità” – “Environment and Legality” by Roberto Giurastante