Free Trieste Movement

THE ESCAPE OF ITALIAN JUSTICE FROM THE QUESTION OF THE FREE TERRITORY OF TRIESTE

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In the trial against 19 citizens of the Free Territory of Trieste, charged by the Prosecution Office of the Republic in Trieste with organizing an unauthorized demonstration to denounce to public opinion the violation of the status of the Free Port of Trieste committed by the State of Italy at the expenses of the whole international community and of the Free Territory of Trieste, the only one who seems to be escaping is actually justice.

Or, more precisely, the image of justice, because, in the name of the Italian Republic, legitimate justice has been substituted by corrupted business circles who, in exchange of the pretence that the Free Territory of Trieste never existed and, consequently, simulating Italiana sovereignty over it, enjoy immunity and impunity that do not exist anywhere else, not even in the lands of the Mafia in bordering Italy.

Behind this pretence, however, there are laws, and such laws, starting with the Treaty of Peace with Italy, establish the independence of Trieste, recognized and accepted by all signatories, including bordering Italy.

Given this situation, it is not hard imagining how difficult it is for the Triestings who are claiming respect for their rights before the authorities who gladly take part in this simulation of sovereignty together with the parasitic “nationalistic Camorra” that drains the Free Territory of Trieste and its international Free Port’s own vital resources for its own advantage and for that of the Italian mafias with which it has business.

Another rather clear example of this is the very trial for the facts of the “Old port” (actually, the Northern Free Port of Trieste). Threats, intimidations, political judgments, succumbing to the lures of corrupted Italian politics, the number of people rave enough to question aloud the sovereignty of the Republic of Italy over the present-day Free Territory of Trieste has become narrow.

In the end, out of 19 accused persons, only five did continue to declare the non-existence of the jurisdiction of the judge who was is judging them in the name of the Italian Republic. This jurisdiction does not exist because the judge must exercise the administration of the Free Territory of Trieste on behalf of the Italian Government, which has received it from the Governments of the United State and of the United Kingdom under the 1954 Memorandum of Understanding of London. Denying this role means opening an incurable conflict of interests, even depriving the citizens of the FTT of their legitimate judge.

But the other 14 accused persons, who belong to the pseudo-movements for independence this is fine: recognizing Italian sovereignty in exchange of their acquittal. And running for administrative elections, to be held in Trieste in 2016, under the aegis of the Republic of Italy.

Illegal Italian elections to appoint representatives of the Italian State in another State, in breach of all provisions on the matter (LINK). A shameful pact that corrupted nationalistic Camorras do really appreciate, here as in Italy. To the point that they line out their propaganda machine to favor this new “good” allies against the interests of Trieste.

But as long as the 5 citizens of the Free Territory of Trieste do firmly resist before Court in this trial made of deception and lies, the manoeuvres of the antidemocratic Italian regime, well-represented by a prime minister who was not elected by the people, but by the oligarchy if a corrupted power, are vain.

Because judicial authority shall, one way or another, proof its power: either as a body of the Italian State of as judicial body of the existing regime of temporary administration of the Free Territory of Trieste. But in the first case, the juries would not only go against the Treaty of Peace, but also against the very laws and Constitution of the Republic of Italy that implement it, including its own Constitution, because they would also trample on the rights of over 20 Stares over that Free Port that the people under accuse were and are protecting against the Mafias. What an nice Italian-style mess, yet, it would not be considered that nice on the international level.

And so, facing the indisputable exception of jurisdiction presented by the 5 citizens of the Free Territory who identify themselves with the Free Trieste Movement, judge Marco Casavecchia decided to take no decision, avoiding to express himself in accordance with the law, which requires to issue a judgment, chosing to do so with a mere ordinance, which could be only impugned with the final judgment at the end of the trial, as well as claiming that the trial could continues since “criminal offences 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”. A complete analysis of this ordinance is published by independent newspaper La Voce di Trieste: LINK.

But the judge did not clarify if Italian criminal law is enforced within the Free Territory of Trieste under the jurisdiction of the provisional Italian Government, or under the sovereign jurisdiction of the Republic of Italy. Thus the immediate rejection, during the hearing, by the 5 accused persons who are part of Free Trieste. Rejection that the judge himself wanted to send forward to the Court of Appeal of Trieste, underlining that in the very minutes of the hearing.

But, surprisingly, the Court of Appeal, which should have expressed itself in the merit of the rejection discussing the exception of jurisdiction, as the judge had been rejected for having not evaluated it, declared the act of rejection inadmissible because that was “sent forward by the judge presiding the hearing” instead of being personally lodged at the Registry of the Court by the appellants.

Illogical and unacceptable, but even things like this can happen: a conflict between the very judicial bodies. And so, even the “non-existing” Italian Court of Appeal in Trieste avoided to discuss in the merit the lack of jurisdiction, avoiding the dangerous exception against which, to this moment, Italian magistrates had not but one way out: escape.

Escape that represents not just a perpetrated “denial of justice” but also a further evidence of the non-existence of the sovereignty of the State of Italy over Trieste and its International Free Port.

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

Abstract of the minutes of the hearing of 16.11.2015: submission of the instance of rejection to the Court of Appeal, as decided by the judge.

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