Free Trieste

UPDATE: in July 2017 the Court declared that Free Trieste’s demonstration was not subversive, read more HERE

There is a trial against 19 citizens of the Free Territory of Trieste – FTT: the local Prosecution Office of the Republic has charged them with an unauthorized demonstration. In truth, it was a sit-in to protest the breaches of the Northern Free Port’s legal status.

The Northern Free Port is a strategic sector of the FTT’s international Free Port. And the Commissioner of the Italian Government, in breach of their own powers, had unlawfully suspended its free zone regime, and this damages the whole International Community, which has specific rights over it.

So is since 1947, under the Treaty of Peace with Italy: since then, more than 20 Countries recognize Trieste’s independence, including bordering Italy.

It is rather easy imagining how hard it is, for the people of Trieste, facing authorities that, instead of complying with the law, devote themselves to simulating Italian sovereignty with the local “nationalistic camorra”. It is the parasitic lobby that exploits the FTT and its international Free Port for its own good, and for that of the Italian mafias it works with.

And this gets us back at the trial for the Northern Free Port (which the aforementioned lobby calls “porto vecchio” as in “old port” to sell the idea that old = useless).

After threats, intimidations, political judgments, defections in the name of the corrupt Italian political establishment, the people brave enough to openly stand against the local nationalistic camorra seems rather small.

Out of 19 accused persons, only five have questioned the jurisdiction of the Court that is judging them in the name of the Italian Republic. The Court should instead exercise the jurisdiction of the Free Territory of Trieste on behalf of the Italian Government, which received it from the Governments of the United States and of the United Kingdom under the 1954 MoU regarding the FTT. Denying this role means opening an incurable conflict of interests, and depriving FTT citizens of a their legitimate judge.

But this is fine with the other 14 accused persons. They belong to fake pro-independence movements: recognizing Italian sovereignty in exchange for an acquittal. And then running for local Government in the 2016 election, in the name of the Italian Republic.

Those are illegal Italian elections, to appoint representatives of the Italian State in another State, in breach of all provisions on the matter (LINK). A compromise that the Italian nationalistic camorra likes a lot. So much so that it has unleashed its propaganda machine to support their new, “good” allies (against Trieste’s interests).

Still, as long as those 5 FTT citizens firmly stand before Court, in this trial made of deception and lies, the games of the local, antidemocratic Italian nationalists are vain.

Because, one way or another, the Court must reveal the source of its authority: either as a body of the Italian State or as a body of the present-day FTT’s temporary civil administration.

Yet, the first decision would go against the Treaty of Peace, as well as against the very Constitution and Italian laws. It would be an action against more than 20 States, all of which have rights over the international Free Port of Trieste. The same Port that Free Trieste defended with its sit-in. The same Port that the accused people were and are protecting against the Mafias.

Some nice Italian-style mess, but I doubt international arenas would find it that nice.

And so, facing the indisputable exception on jurisdiction of the 5 citizens of the FTT belonging to Free Trieste, judge Marco Casavecchia decided to take no decision. He avoiding to decide, in accordance with the law, with a judgment; instead, he issued some mere ordinance, which can be only impugned at the very end of the trial, after the final judgment.

The judge decided to continue the trial, because:

“criminal offenses committed within the territory of the State are subject to Italian criminal law, and within the mentioned territorial borders exists the jurisdiction of the Republic of Italy, exercised by the bodies that the Constitutions appoints in this role”.

Independent newspaper “La Voce di Trieste” published a complete analysis of the ordinance HERE.

Yet, the judge didn’t clarify if he is enforcing the Italian criminal law in the Free Territory of Trieste, exercising the jurisdiction of the provisional Italian Government, or in exercising Italy’s sovereign jurisdiction. At this point, Free Trieste’s 5 members rejected the judge. Immediately, during the hearing. And the judge himself forwarded their instance to the Court of Appeal of Trieste, as per the minutes of the hearing.

Surprising enough, the Court of Appeal didn’t express itself in the merit of the exception on jurisdiction, just like the judge. The Court of Appeal ruled the rejection inadmissible because it was “forwarded by the judge presiding the hearing” instead of being lodged by the appellants at the Registry of the Court.

Illogical and unacceptable, but it happened: a conflict between the judicial bodies. And so, even Trieste’s Court of Appeal (which belongs to the FTT!) avoided expressing itself in the merit of jurisdiction, avoiding the dangerous exception that so far the judiciary treated always same way: running away.

An escape is more than a continuing “denial of justice”, because it is one more evidence of the lack of Italian sovereignty over Trieste and its International Free Port.

Translated from blog “Environment and Legality” by Roberto Giurastante

16 November 2015. Hearing minutes, abstract.

The Court has submit the instance of rejection to the Court of Appeal.