Free Trieste

When you find yourself involved in events much bigger than you are it might happen that in the moments when the challenge is hardest you feel yourself trapped in discomfort. 

But if you believe in what you are doing to make your ideals real, you can withstand any obstacle. 

You won’t give up not even when you are betrayed and abandoned by the person in whom you had put your trust. 

Because the hardest the struggle is and the most weaknesses of human nature show themselves. 

Your strength will be that of dignity. 

Your way will be the one to follow. 

And, if your sacrifice will redeem many other, then it will not be in vain.

…

Standing for the rights of a whole folk is no easy thing. There are several examples worldwide. And one of the lesser known is the question of the Free Territory of Trieste.

It is an independent State between Italy and Slovenia, and it’s there since the end of WWII. Not a big State, but it has a valuable international Free Port: the only one in the world. It is eighteen years older than Singapore.

Since 1954, the present-day Free Territory of Trieste (formerly Zona A) is sub-entrusted to the Italian Government’s temporary civil administration. Administration does not mean sovereignty.

On the other side, former Zona B, once administered by the dissolved Government of Yugoslavia, since 1992 belongs to Slovenia and to Croatia in full sovereignty under 6 UN Resolutions.

Trieste stands here, seeking justice, as Italian nationalists suffocate it with anacronistic propagandas. They claim to do it in Italy’s own interest. But this is hard to believe, since they go also against the very Italian law.

Now the citizens of the FTT want this corrupt temporary administration to end, because it’s lasting way too long. The people of Trieste know they have all they need to make it, starting with their unique international Free Port. A Port that only exists the Free Territory’s state corporation.

In Trieste, capital city of this long-forgotten State, started all actions to re-establish the Rule of Law in the Free Territory and to protect its citizen’s rights.

For instance, Italy is since long attempting to eliminate Trieste’s international Free Port: it is a dangerous competitor for Italian ports. If the plan succeeded, it would damage not only the people of Trieste, but the whole international community: many States have the right to register ships or to manage the international Free Port of Trieste.

In 1954, the Italian Government was bound to enforce at least a minimum port regime, articles 1 to 20 of Annex VIII of the Treaty of Peace. Yet, this obligation remained on paper, because this was enough to respect Trieste’s independence.

To the local nationalistic “camorra” it was easier and more convenient simulating Italian sovereignty over the Free Territory. Again, in breach of Italy’s own laws. And this is why, as the people of Trieste claim their rights, challenging this simulation is the first step.

It is all about raising the exception of jurisdiction, starting from the Court of Trieste: the Italian judges swerving their duties in the Free Territory must exercise the administered State’s jurisdiction, not Italy’s. Sure, Trieste and Italy have the same Government, but in two different roles and under two different roles.

This is what keeps the Free Territory and its people alive. Legal actions on the matter are a burden for Italy, because it needs to explain the international community why its judiciary goes against the 1947 Treaty of Peace and the 1954 MoU of London.

Defending the Free Territory is vital to defend the international Free Port of Trieste.

It must be clear: no Free Territory means no free zones and no international Free Port. We are talking about a billion Euro business, and its core is this crossroad in the upper Adriatic. Billions which depend also on the respect of Trieste’s citizens.

I opened this question before the Court of Trieste. It was in December 2011, when I exercised my rights as a citizens of the Free Territory. It was the opening of a new season.

I kept denouncing the violations committed by the administering Italian authorities in criminal, civil, and fiscal proceedings. Even addressing the European Parliament about the international Free Port of Trieste.

I opposed the summoning of Italian elections in the Free Territory, including before administrative Courts. In return, my stand for legality was labeled as “subversive”. I brought it to the attention of the European Court of Human Rights (ECHR).

My legal acts were always available to fellow citizens, so they could follow into my footprints.

This is a fundamental cause after all, I did it for my land, for my people. In return, I was attacked. Not by the “expectable” enemies, like the local Italian nationalists, which regard all that I do as offending Trieste’s alleged exclusively Italian nature, or the local politicians, who may consider me some sort of “dangerous” extremist. No, it was my former comrades to turn on me.

Since May [2014] my fellow Triestines are denigrating me ferociously. All of a sudden, it’s me the obstacle, I am the one preventing the establishment of legality in the Free Territory.

An obstacle that need to be “eliminated”. On social media this is a recurring theme, especially coming from people who entered only recently the legal battle for Trieste’s rights. Indeed, it is people with a background in the dark circles of Italian nationalism.

But what happens if the “dirty damned Triestine” idealists won’t give up? What if their legal actions go on?

Trieste’s society in one where authorities and criminality are not that far, all can happen and no limit is uncrossable. Yet, even those standing for legality are becoming stronger in spite of the increasing tensions.

In 2013, facing trial, after questioning jurisdiction I ended up facing, alone, the judge, the prosecution, and the civil plaintiff.

My lawyer “cut” the hearing, his court-appointed substitute didn’t want to lodge my documents.

So I stood for myself, rejecting the judge – what a scandalous act! (here is a recording, in Italian). In Italy, a common citizen daring to question a judge is scandalous, a rejection is even worse… but Trieste is not Italy.

This is a lesson for the citizens of Trieste: this is how to face trial in your own land.

It is the judiciary that acts in Italy’s name to be at fault: people seeking to stand trial under their own State’s laws are indeed standing for the rule-based international order.

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