CHARGED WITH SEDITIOUS GATHERING FOR CLAIMING LEGITIMATE RIGHTS AND REQUESTING COMPLIANCE WITH THE INTERNATIONAL LEGAL ORDER
Disconcert. This is the only possible reaction to today’s news on Trieste’s newspaper Il Piccolo. Starting with the insulting title chosen by the journalist: Free Trieste’s adepts charged with subversion. The article reveals an alleged, second proceeding for “subversion” against 37 of the participants to Free Trieste’s demonstration in defense of Trieste’s Northern Free Port.
An event dating back to December 8th, 2013.
It’s important underlining that most of the investigated persons (including myself) have not received a notice of the conclusion of preliminary investigations. They learn about it all from the newspaper. The usual leaking of news from the Courthouse? Furthermore, when it is also news spread unfairly (not a novelty when it comes to Free Trieste) may cause social tensions.
May this be the local Italian authority’s plan?
So far, accusations against Free Trieste proved ridiculous, and any attempt to stop the Movement’s stand for the re-establishment of legality in the present-day Free Territory of Trieste proved fruitless.
It is as the judiciary’s main goal is to intimidate the people, to scare them away from an inconvenient political Movement. Inconvenient because the local nationalistic “camorra” has no control over it.
This is the establishment that simulates Italian sovereignty over Trieste (going against Italy’s own laws) in exchange for personal advantages and immunities. It does so since 1954, thriving on propagandas and repression.
Isolating Free Trieste is fundamental to destroy the claims of the Free Territory’s oppressed folk, suffocating its civil, political, and economic rights.
But obviously this strategy has some weak points.
Besides the commotion deriving from the pro-Italian press, the point is in the merit of the criminal proceedings themselves. Indeed, charging with subversion people who seek compliance with the 1947 Treaty of Peace is risky.
No, actually, it’s outright “subversive” of the very Italian Constitutional legal order. Which implies that the local nationalistic lobby does consider Italy a democratic republic in the first place…
But what does Public Prosecutors Federico Frezza (himself from Trieste), in his new actions against the supporters of Trieste’s independence?
Basically, he charges 37 of the participants to a peaceful demonstration in defense of Trieste’s internazionale Free Port with “radunata sediziosa” (seditious gathering). This crime, established at art. 655 of the Criminal Code, is a leftover of the former Fascist Regime’s legislation. Fascist laws wannot even be enforced in Trieste.
Still, this is not the same crime as the “subversion” in Il Piccolo‘s article.
Furthermore, seditious gathering is a misdemeanour. This means nobody can be charged with “seditious gathering” unless they refused to comply with an authority’s order to disperse the gathering.
The problem is that the Police Head authorized the 8 December 2013 demonstration.
There were about 3,500 at the demonstration, marching along the shore, reaching the Northern Free Port, and listening to the proclamation of the ultimatum for Trieste’s Free Port.
Free Trieste was addressing the administering Italian authorities, including the Italian Government, seeking compliance with the minimum regime for the port’s management. Which is a requirement of the 1954 MoU, which is the source of the Italian Government’s administration and provides for the port’s management.
Indeed, the Italian Government committed to do so in accordance with arts. 1 to 20 of Annex VIII to the 1947 Peace Treaty (instrument for the Free Port).
This means it was a perfectly legitimate demonstration to ask those who are breaching the law since decades to finally comply with it. An address to the administering Italian authorities.
The police controlled the event, again peaceful and respectful. The DIGOS (political police) itself confirms it upon Public Prosecutor Frezza’s request.
Except the Public Prosecutors’ request was rather odd. Indeed, Mr. Frezza addressed the police inviting it to find “elements providing ground for the crime at art. 655 of the Criminal Code (seditious gathering)”.
One can only imagine the DIGOS’ embarrassment to such a request. How can a demonstration authorized by the Police Head and ended without incidents, under the police’s own surveillance, be a seditious gathering?
Follows the [translation of] the DIGOS to Public Prosecutor Frezza:
“On December 4th, 2013, Movement Trieste Libera-Svobodni Trst [Free Trieste] addressed a note informing this Police Head Office that it wanted to hold a demonstration and march on day December 8th, 2013.
The Trieste Province Police Head, in compliance with the existing law, including Constitutional laws, which, as is known, prevent him to forbid demonstrations, unless in case of evident security or public security risks, having seen the note, limited his intervention to issuing some restrictions as for the march’s path.
§
The march, attended by over 1.500 citizens, was peaceful.
§
During the march, there was chanting of “Free Trieste”, “Free Territory” and “Free Port” and the participants distributed brochures explaining why the Osimo Treaty (returning Trieste to Italian authorities) is to be regarded as null and void.
§
During the final speech, Roberto Giurastante, Sandro Gombac and Vito Potenza addressed an Ultimatum to the Italian State, requesting that it answers the FTT (Free Territory of Trieste)’s requests regarding compliance with International Law provisions that bind it to issue legislation activating Trieste’s Free Port within February 10th, 2014;
in case of further silence on the part of the Italian authorities, the Movement’s representatives repeated that they are addressing EU and extra-European authorities (European Court of Justice, UN).”
That’s it. The DIGOS says it’s all right.
But the Public Prosecutor is unsatisfied. His top priority turning this peaceful demonstration into some sort of criminal action. A conspiracy even.
He makes it clear in a note addressed to the DIGOS on December 17th, 2013:
“As for Trieste Libera [Free Trieste]‘s December 8th, 2013 demonstration, following this DIGOS’ note of December 12th, 2013: even admitting that the crime at art. 655 Criminal Code is charged extremely rarely, hence there is very little jurisprudence on the matter, what I am writing henceforth is indeed problematic, and I want us to think about it together, critically even, because, hopefully, I can express those concepts with clarity.
Essentially: for the purposes of art. 655 Criminal Code I think it is not significant that the march wasn’t in itself violent, or that it complied with the Police Head’s orders. Indeed, had this been the case, we would be proceeding for other, unrelated crimes. Indeed, the ground for prosecution under art. 655 Criminal Code are: “rebellion against public authorities and against the State’s bodies, not necessarily because of an actual state of danger for law and order”.
Mr. Frezza continues:
“…we are not facing critiques to a specific law, judgment, or Public Administration measure. If so, that would be an example of free expression of one’s thought (even if, for instance, not all thoughts are admissible, e. g. promoting ethnic hatred is forbidden).
What we face here is the very denial of the Italian State’s existence (in this territory) and, indeed, through this ultimatum Italy is ordered to leave (from a brochure: “exemption from the taxes of the States that administer us by illegally forcing their sovereignty”).
If this is not seditious behaviour, considering that it “incites to subvert public authorities”, then it is hard to imagine what behaviour are seditious in the first place.
What I am saying is confirmed also in the well-known judgment of the TAR of Trieste (judgment 530/2013 of the Regional Administrative Court) which addresses the “intrinsic and decidedly subversive nature of the appellant’s appeal… in no democratic State is it accepted that freedom of expression be used to incite criminal offenses, including offenses regarding taxation, or unlawful behaviour…
a democratic and sovereign State is certainly not a powerless entity, therefore it has the right and the duty to react according to the law but also within the law’s framework, whenever the principles that establish it are being denied.”
Finally, Mr. Frezza requests the personal date of the attendees who are already known/identified.
This is how, out of 3,500 people, only 37 end up under investigation. Investigated for what?
For expressing or wanting to express their ideas and opinions about the ongoing, repeated violation of the 1947 Treaty of Peace and of their own, internationally recognized rights at the hand of the Italian authorities.
If this attempt to fabricate evidences of non-existing crimes to target a political Movement and its supporters to shut their mouths is not judicial persecution, then it is hard imagining what actions are judicial persecution in the first place.
In view of such animosity against the legalitarian Movement, it is more evident than ever that Trieste’s Prosecution Office is incompatible with investigations regarding Free Trieste and its supporters (those “Il Piccolo” dares call “adepts”, showing its role as the Court’s favorite instrument to leak news).
Indeed, art. 19 of the Universal Declaration of Human Rights protects the freedom to express opinions and ideas without interferences by public authorities. It is clear that people cannot be prosecuted for a crime for exercising their own rights. Even the 1947 Treaty of Peace protects the people of the Free Territory and their rights (art. 4, Annex VI).
Yet again, as I mentioned before, judicial repression has limits. Before Court are standing dozens of citizens striving for more than their own rights or the rights of their State: they are defending the rights of the whole International Community.
There are many States with specific rights over the international Free Port of Trieste: France, the United Kingdom, the United States of America, the USSR (now Russia and other successor States), Yugoslavia (now Slovenia, Croatia, and other successor States), Italy, Czechoslovakia (now Czechia and Slovakia) Poland, Switzerland, Austria, Hungary.
It is hard imagining the International Community remaining silent as its rights are trampled on in the name of some anachronistic Italian nationalism under anti-Mafia questions.
Translated from blog “Ambiente e Legalità” – “Environment and Legality” by Roberto Giurastante
La repressione dell’autorità giudiziaria italiana in corso ha d’altronde, come dicevo, i suoi enormi limiti. Mettere sotto processo decine di cittadini di Trieste, che si battono per il proprio Stato occupato dall’Italia contro le leggi internazionali, per reati di opinione non rimarrà inosservato. Partendo dai testimoni eccellenti che dovranno prendere la strada del Tribunale di Trieste. Come imputato dichiaro fin d’ora che citerò quali testi della mia difesa il Segretario Generale delle Nazioni Unite e il Presidente del Consiglio di Sicurezza. Tratto dal blog “Ambiente e Legalità” di Roberto Giurastante
– See more at: https://www.movimentotriestelibera.net/wp/?p=1093#sthash.fbNB2ZRx.dpuf
#REPRESSION OF THE JUDICIAL AUTHORITY AGAINST THE CITIZENS OF the #freeterritory of #TRIESTE http://t.co/nV9CDnSFkN #humanrights #FTT
@RobertoGiurasta English translation: http://t.co/nV9CDnSFkN