Free Trieste Movement

THE LEGAL STATUS OF THE FREE TERRITORY OF TRIESTE AND THE JUDICIAL QUESTION

FTT 2015.1

The report of the UNO General Secretariat of 23 October 2015: the Free Territory of Trieste exists under the Treaty of Peace of 1947 and Resolution 16(1947) of the Security Council, and has the right to its own independent judicial system.

The recent report (23 October 2015) of the General Secretariat of the United Nations that confirms the existence of the Free Territory of Trieste under a regime of temporary civil administration does certainly represent a positive turn for the long battle for the recognition of the rights of the citizens of the Free Territory of Trieste. Secretary-General Ban Ki-moon did simply re-state that is the current legal status of Trieste and of its international Free Port.

Legal status that opposes to the situation de facto imposed by Italy in the Free Territory of Trieste. A situation de facto consisting in the illegal exercise of Italy’s sovereignty over the Free Territory of Trieste, that I am fighting since years, even before Court, questioning the legitimacy of Italian judicial authority that acts outside its jurisdiction in Trieste, as well as the incompatibility of the judges of the State of Italy when it comes to judging the citizens of another State, as the Free Territory of Trieste is.

It is the very core of our legitimate State that the Republic of Italy has put under question. Because the Free Territory of Trieste has the right to have its own judicial system, without intromissions of other States.

Therefore, the explicit or implicit declaration of the sovereignty of the State of Italy over the present-day Free Territory of Trieste contradicts the laws in force in Italy itself, for those laws recognize both the sovereignty of State of the Free Territory of Trieste under international constrain, which the Constitution of the Republic of Italy rules to be prevalent on national and regional laws, and the regime of temporary civil administration of te Free Territory, entrusted to the Italian Government.

Questioning, right before Court, the authority of Italian judges by declaring to be a citizen of the Free Territory of Trieste was the only act with legal force that would have created difficulties the Republic of Italy. I did it many times since that 14 December 2011, when I presented the first exception of the lack of jurisdiction.

I was sanctioned with punitive fines many times, whenever I rejected the judges who refused my legitimate request to be judged by the legitimate  judge of the Court of the Free Territory of Trieste.

I did question Italian election requesting their cancellation to the Regional Administrative Court of Trieste. Once agin I was condemned to pay high fines and defined “subversive”.

Overall, in 4 years, I collected about EUR 35,000 in terms of sanctions and legal expenses for defending before Italian Courts the rights of all the citizens of the Free Territory of Trieste.

A lot of information concerning those legal proceedings is published on my blog, which follows  day by day the story of the past 4 years of legal struggle for the Free Territory of Trieste. A story made also of be trials by those who have exploited our cause, turning it in a campaign to support the illegal Italian elections.

But the many ordinances, judgments, decisions, that those judges had to issue following my exceptions of jurisdiction are now one of the main evidences of the repeated violation of the trusteeship mandate over the Free Territory of Trieste, entrusted to the Italian Government in 1954. As well as demonstrating the impossibility, for the State of Italy, to summon its elections in the Free Territory of Trieste.

Recently, I did read in a legal proceeding the comment of a magistrate concerning the acts that I had presented to state the legitimate jurisdiction of the Free Territory of Trieste before Court. Those acts are the Treaty of Peace with Italy of 1947, Resolution 16(1947) of the United Nations Security Council, the Memorandum of Understanding of London of 1954.

Well, this magistrate defined “outdated” those treaties, for they would be too “old” and then called “imaginative” my exception of jurisdiction that is based on the same international treaties. Treaties that represent the legal status of the Free Territory of Trieste: the same way as stated by the UN Secretary-General Ban Ki-moon on 23 October 2015.

Translated from blog “Environment and Legality” by Roberto Giurastante

Follows: one of the newest illegitimate ordinances (23 December) of the Italian judges settled in the Court of Trieste as a response to the exception of jurisdiction. The judge considers that “Treaty of Peace”, Resolution 16(1947) of the Security Council and the Memorandum of Understanding of London are topped by the bilateral Treaty of Osimo, which is not even considered by the United Nations.ordinanza_23.12.15_tlt

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