Free Trieste Movement

STOP CONDEMNING THE CITIZENS OF THE FREE TERRITORY OF TRIESTE WITHOUT TRIAL

On 24 January 2016 I was condemned by the Court of Bologna for expressing my opinions about the awful Italian administration of the Free Territory of Trieste by publishing on my blog a post titled “The clan” which was published and translated by the Free Trieste Movement.

It is an article of political criticism as well as a denounce of the outrageous, continuate violation of the international treaties and the very legal order of the Republic of Italy that is committed by Italian judicial authorities themselves, which are acting without a legitimate mandate in the Free Territory of Trieste. It is the violation of the law and of the rights of the citizens of the Free Territory.

And, in facts, whoever opposes to this system made of illegality is subject to repression, as confirmed by my very conviction. I wrote about it in my recent post “POLITICAL CONVICTIONS WITHOUT TRIAL AGAINST THE FREE TERRITORY OF TRIESTE”.

Because I was convicted without even a trial, therefore without allowing me to defend myself but after the conviction itself. It happens in all antidemocratic regimes. Including the one forced by Italy to Trieste, to substitute the legitimate and legalitarian special trusteeship of the Free Territory of Trieste established by the United Nations Security Council.

Of course I opposed to this merely intimidatory action worth a police State, impugning the arbitrary conviction. Follows an abstract of the main reasons. Hopefully this is of use to the other citizens of the Free Territory of Trieste who are abused by Italian oppression.

This case is about to be denounced on the international level. With the force and dignity of law and right, against all forms of violence: no pasaran (they shall not prevail).

___________________

OPPOSITION

to decreto penale di condanna (Criminal Decree of Conviction) No. 305/16 issued on 24 January 2016 lodged on 25 January 2016 and notified on 18.02.2016, by the Judge or Preliminary Investigations of the Court of Bologna,

For the following main reasons: 

1) The charges against him  – which do not constitute a prima anyways – did not take place “in an unrecorded place”, but in the Free Territory of Trieste, established as an independent State ever since 15 September 1947 in compliance with the Treaty of Peace with Italy, ratified by the Republic of Italy with laws in force, recalled at following point 9, and currently entrusted, as such to the temporary civil administration of the Italian Government (not the State of Italy) in compliance with the Provisional Regime of Government established at annex VII of the Treaty of Peace and of the consequent Memorandum of Understanding of London of 5 October 1954, as confirmed by the recent document S/2015/809 of the United Nations Security Council, attached to this act.

2) The accused person is a citizen de jure of the Free Territory of Trieste, of which the organization he leads defends the legal status and consequent rights, as established under international law and recognized, implemented and enforced in the Italian legal order, as recalled at following point 9.

3) Pursuant this mandate of temporary civil administration, the provvisione administrative Government must implement also the provisions regarding the legal and judiciary system of the Free Territory of Trieste, established in the combined provisions of article 2, IV paragraph of the Provisional Regime (Annex VII of the Treaty of Peace): «Likewise all other provisions of the Permanent Statute shall be applicable during the period of the Provisional Regime as and when these provisions prove to be applicable and in so far as they are not superseded by the present Instrument».

4) Due to this, the violation of the status and of the rights of the Free Territory of Trieste and of its citizens constitutes, at the same time, a breach of international law, of the legal order of the Free Territory of Trieste and of the legal order of the Republic of Italy.

5) In particular, to be enforceable in the Free Territory of Trieste, even the norms concerning the issuing of the Criminal Decree of Conviction must be extended to the legislation of the Free Territory of Trieste with an appropriate act of the Commissar delegated for this purpose by te provisional Italian Government, or by the Government itself (see also: Italian Court of Cassation, judgment No. 323 of 26.02.1965).

6) In order to validly exercise the roles of criminal, administrative and tax-related justice over the Free Territory of Trieste, the legal, financial, tax and concessionarie of the collection of taxes provided by a third State, such being the Republic of Italy, must have a regular, official mandate by the provisional Italian Government, in this role, either directly or through the Commissar of the Government in has delegated.

7) As for this case, this requirement becomes especially relevant for the defence since it involves the issuing of a “preventive conviction” the excludes the possibility to actively partecipate – therefore to defend himself – of the accused person, going as far as to preventing him from being aware of the existence of a legal proceeding against him, in breach of the the universal principles of law as well, especially those concerning fair trial, which are implemented in the very Constitutional legal order of Italy.

8) As for this case, the “preventive conviction” manifestly breaches also the provision that always allows those charged with defamation to present a redeeming evidence of the facts if the plaintiff is a public official who considers to have been offended for something that refers to the exercise of their duties.

9) Due to this, the “preventive judgment” against which this opposition is presented results to constitute, on the part of the Italian judge in Bologna, also a violation of the laws in force of the Republic of Italy which:

a) subject Judges only to the law (art. 101.2 of the Constitution of the Republic of Italy);

b) subject Italian domestic and regional law to the rules of international law (artt. 10, sub-paragraph 1 and 117, sub-paragraph 1 of the Constitution of the Republic of Italy);

c) ratify and execute the Treaty of Peace with Italy of 10 February 1947, which establishes since 15 September 1947 the Free Territory of Trieste as a new sovereign State, member de jure of the United Nations, with pertinent ending of Italian sovereignty that has never been restored: Law No. 811 of 2 August 1947; Legislative Decree of the Temporary Head of State No. 1430 of 27 November 1947; Decree No. 1630 of the President of the Republic of Italy of 3 December 1948; Law No 3054 of 25 November 1952; and others.

d) recognize and proclaim the unity and indivisibility of the Republic of Italy within the territory of the State as defined since 15 September 1947 upon and pursuant the coming into force of the Treaty of Peace of 10 February 1947 (article 5 of the Italian Costitution, promulged on 27 December 1947 and n force since 1 January 1948;

e) ratify and execute the Charter of the United Nations: Law No. 848/1957;

f) recognize and execute the entrustment to the responsibility of the Italian Government (not the State of Italy) of the temporary civil administration of the Free Territory of Trieste pursuant the Memorandum of Understanding of London of 5 October 1954: Decree of the President of the Republic of Italy of 27 October 1954; Constitutional Law of the Republic of Italy No. 1/1963, art. 70;

g) implement and execute the generally recognized provisions of international law, as consolidated with the Vienna Convention on the Law of Treaties: Law No. 112/1974

h) ratify and execute the Helsinki Final Act (1 August 1975) of the Conference for Peace and Co-Operation in Europe: Law No. 81/1977;

i) as for the allegation of defamation by the press, redeeming evidence of the facts is always admitted when the offended person is a public officer and the fact tribute to them refers to the exercise of their functions: article 596. 3.1  of the Italian Criminal Code.

10) The conviction does manifestly violate, and in facts it aims towards repressing and punishing anti-democratically, the freedom and right to political, social and institutional critique, as well as free press, therefore the very freedom of thought and opinion of the citizen and politically involved individual, by subtracting to such critique, a priori, a certain category of public servants who, as such, are always subject to the test of the redeeming evidence as for the facts attributed to them.

11) For the reasons listed above, it is evident that the “Criminal Decree of Conviction” subject to this opposition is illegitimate under both international law and the legal order of the Free Territory of Trieste under a provisional regime of Government, currently entrusted to the temporary civil administration of the Italian Government, as it is legitimate within the legal order of the Republic of Italy.

Underlines

that against criminal decree of conviction No. 305/16 is contextually presented a request to declare its inefficacy to the Commissar of the Italian Government in Regione Friuli Venezia Giulia, as deleghe to the powers of special trusteeship over the Free Territory of Trieste who, therefore, has the obligation to declare, automatically or upon request, the consequent inefficacy of any act and measure vitiated by absolute lack of jurisdiction of the State of Italy and/or by the lack of extension of the pertinent laws to the legal order of the Free Territory of Trieste;

AND REQUESTS

that criminal decree of conviction No. 305/16 is revoked by the Judge for Preliminary Investigations of the Court of Bologna, recognizing the violation of the provisions listed sub 9, the lack of jurisdiction of the bodies of the State of Italy over the Free Territory ofTrieste and its inefficacy due to the complete or partial extension the Italian laws enforced to issue the same criminal decree of conviction to the legal order of the Free Territory of Trieste;

that the revocation of the criminal decree of conviction, with a decree that orders to open the appropriate trial before Court is also brought to the attention of the officer delegated by the provisional Italian Government to exercise the special administrative jurisdiction over the Free Territory of Trieste on behalf od the United Nations Security Council.

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

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