29 February 2016, sit-in of the Free Trieste Movement in front of the Courthouse of Trieste: there is no FREEDOM without JUSTICE (Photo by Ketty Cesar)
On 29 February took place a new hearing of the trial opened by Italian judicial authorities against many citizens of the Free Territory of Trieste, charged with organising and participating to a demonstration to defend the International Free Port of Trieste, threatened by the institutionalized Italian mafias that, by destroying it, would not just ruin the present-day FTT, but also its hinterland (LINK). An unauthorised demonstration, Italian authorities say.
A peaceful demonstration held in the name of legality, say the organizer, which is the Free Trieste Movement, standing fiercely since 4 years for the international recognition of the unchanged legal status of the Free Territory of Trieste and for its correct administration. A struggle for legality that caused many troubles to the simulators of Italian sovereignty, who have traded the rights of all for their own gain, in clear breach of the Treaty of Peace.
It is a particular situation being part of this trial. One can feel it just entering the Courtroom, the same one where the question of the Free Territory of Trieste had been raised for the first time, on 14 December 2011 (LINK).
There is a climate of great expectations. Something must happen, everybody imagines. The Free Trieste Movement represents the first line of this trial and it has already raised, many times, the question of the impossibility to prosecute the accused persons due to their status of citizens of the Free Territory of Trieste, who therefore must be judged by the lawful judge, who cannot be that of the occupying State of Italy, which imposes its own legal system instead of the legitimate legal order of the FTT.
Without its own legal system, there is no justice in the Free Territory of Trieste. This is why Italy, even if unwilling to express itself on the international level providing legal acts to annex the Free Territory and the International Free Port of Trieste, secures the simulation of sovereignty in its name and protects its authors, from the local “nationalistic Camorra” to the magistrates who use the Court of Trieste to grant its impunity, by all means.
And this is why the denial of the jurisdiction of Italian judged, performed by the citizens of the Free Territory of Trieste, becomes fundamental in the legal and diplomatic open battle on question Trieste. The Triestines who, before Court, deny the power of Italian magistracy are the first line of defence of the whole cause of the Free Territory of Trieste.
And during the 29 February hearing, this is even more clear. The judge attempts to open the debate avoiding to discuss the new exception of jurisdiction presented by the accused parties who belong to the Free Trieste Movement.
It is an inescapable preliminary question, the new exception does also contain the fundamental and recent UNSC document S/2015/809 that confirms the unchanged legal status of the Free Territory of Trieste administered by the Italian Government: which means no Italian sovereignty. A very serious document, certainly burning for an Italian magistrate. But this is a matter of law, a judge must only apply it, leaving politics out of it.
But once again, it happens that Italian judicial authorities leave legality – represented by the document of the UN Security Council – behind, to stand for the state of facts: how is it possible to begin a trial outside their jurisdiction? The judge won’t explain it. He does only claim that all questions on jurisdiction were cleared and continues without taking into account the acts that prove his illegitimacy.
Facing such a reaction, the supporters of Free Trieste react firmly. They ask to present spontaneous declarations. The judge is bothered and embarrassed, but he cannot oppose. Yet, he underlines that the declarations shall not revolve on jurisdiction. He tells this to me, because I am the first to react, well apre that others will follow. I answer to him saying that my declaration revolves on the compliance with the law, so I continue declaring myself a citizens of the Free Territory of Trieste and, as such, that I cannot recognize the legitimacy of the decision that the judge has taken during this hearing on the matter of jurisdiction, therefore, and therefore I must leave the Courtroom.
Each of the accused persons of the Free Trieste Movement declares the same and leaves the Court: with no fear, and off to freedom.