Free Trieste

Trieste, June 11th, 2015. Today we stand before the Justice of the Peace.

I am charged with defamation, the complainant is lawyer Nicola Sponza. He is also the secretary of movement Territorio Libero 3 (also “TL3″ or “cubed” due to its cube-section shaped logo). Furthermore, he is one of Triest NGO’s advisors.

There are former companions in both TL3 and “Triest”. Former because, in 2014, they took Italy’s side and attempted to get rid of the Free Trieste Movement. They still try do. Only, this time they seek the judiciary’s help.

Indeed, last year they tried to take over Free Trieste to make it a political party in view of the 2016 local election. They failed. However, since the betrayal gained them some new supporters, they soon established a new organization. One that is now decidedly heading to the election. Just what the local Italian nationalists need to convince anyone that Trieste’s people have given up on their rights.

This is what TL3’s fake pro-independence activism is of use for. It is not a coincidente that they took the Free Territory’s own name: it is the State they seek to eliminate under the local establishment’s strict control. Ans using a fake non-government organization: s.c. Triest NGO, which they seized in 2014.

A non-existing NGO which, supported by other Italian-controlled international organizations (UNPO) presents Question Trieste internationally as Italy wants it: accusing Slovenia and Croatia of occupying Trieste (in truth, former Zone B is under their full sovereignty) and paving the way for the new Italian revanchist politics. The same that is illegally suffocating Trieste and its international Free Port.

Therefore, this international action under Italian control is functional to raise the pretentious question of former Zone B of the Free Territory of Trieste pretending that Russia supports them. Therefore, leading to a US intervention and preventing any possible recognition of the current, temporary administration over the present-day FTT.

Their participation to Italian election is therefore indispensable to ultimate eliminate the rights of the Free Territory of Trieste. Whoever votes those fake supporters of independence votes for the Republic of Italy, and thus rejects the rights of the independent State forever.

And this is why the fierce resistenze of Free Trieste is so dangerous. Italian authorities want to get rid of us, but they cannot do it by force. And so they use traitors, the ones who chose the other side, to attempt confusing public opinion and to contrast the legal action of the only Movement that stands for the recognition of the Free Territory of Trieste by leading aggressions against it, possibly from the inside.

All of this appears clear to me this morning, when I am, once again, before court because of the complaints presented by those people to Italian judicial authorities. Yet, it is the first time that I am committed for trail under Decree and before a justice as much illegitimate as their complaints.

The Public Prosecutor who committed me for trial is Federico Frezza. He is the same prosecutor who, when TL3 and its fake pro-independence gangs attempted to destroy Free Trieste, dismissed all of our complaints.

First they occupied our media (Facebook, website, emails), then they tried to seize our headquarter by force. Finally, they unleashed a public smearing campaign, even with the support of local press, that obviously is always in their favor.

According to Public Prosecutor Frezza, all of this was a “legitimate expression of opinions as part of a harsh political debate”.

They did go as far as public death threats. But, on one side, the Prosecution Office avoids taking action against them, while on the other any information concerning our legal actions leaked away from the Palace of Justice, reaching their trusted fake supporters of independence in Via Roma [later via Crispi], who published them all making fun of as, well secure of the judicial support they bragged about.

We always raised the exception of the lack of jurisdiction, even when we were the damaged parties: we never gave up on the request to stand before a legitimate Court of the Free Territory. Indeed, Trieste cannot be a law-less land.

We did always do it, both when we were the offended party and when we were the defendant. The fake “pro-independence” representatives of the organization of Via Roma did instead fully recognize Italian sovereignty over Trieste and over its Free Port, so they are well-loved by judges who consider them the instrument needed to inert the legal cause of the Free Territory of Trieste.

Therefore, the hearing before the Justice of the Peace is a testing ground to see who is taking this cause seriously. A few days before the hearing, Sponza’s lawyer (Gigliola Bridda) suggested to settle the dispute out-of-court.

I answered to her that I would do it, if they subscribed to my exception of jurisdiction and challenged the Italian Justice of the Peace’s legitimacy within the Free Territory of Trieste. Sponza rejected the proposal on sight. This alone is a “preview” of the hearing.

Soon we stood before Justice Carla Milocco. She is a lawyer from Udine, a member of the Movimento 5 Stelle and a candidate Mayor during the past municipal elections in the capital of Friuli. In other words: a lawyer from an Italian political party should judge me after a complaint from another politician-lawyer.

Indeed a casta-like justice system. And I am questioning its very legitimacy in the Free Territory of Trieste.

I am before Court to challenge, on grounds of the lack of Italian jurisdiction over Trieste, the illegitimacy of the Decree that commits me for trial. Furthermore, I want to inform the Court of my previous address to the Government’s Commissioner General regarding the Justice of the Peace’s lack of legal existence in Trieste.

Indeed, the law about honorary magistrates has never been extended to Trieste (it is Italian Law No. 374 of November 21st, 1991, and its amendments). Therefore, the rulings of honorary magistrates violates, under all legal profiles, both the legal order of the Free Territory of Trieste, entrusted to the Italian Government, and the legal order of the Republic of Italy.

After listening to my statement, the Justice is angry. She defines against procedure my exceptions as because my defense lawyer has not signed it. She asks my lawyer if he agrees with the exception. He indeed does. Then he lectures the judge about the defense’s rights under the Italian Code of Crimina Procedure.

The Judge asks me if the Commissioner General has answered yet. I explain that she did not. The trial opens. So I leave the court: I cannot take part to an illegitimate trial.

My lawyer does immediately raise the exception of lack of jurisdiction, as well as renewing my preliminary exceptions. Afte a 30 minutes discussion, the Justice asks the complainants an opinion about the exception. Supporting it means denying Italian sovereignty over the Free Territory. The prosecution asks the exception’s dismissal, without reasons.

And now it is time for lawyer Nicola Sponza, TL3’s political secretary (TL3 calls itself pro-independence) who stands before Court with his trusted lawyer Gigliola Bridda. How could he recognize Italian sovereignty over Trieste and its Port? Well, he does. Without hesitations.

He demands that the Justice rejects my exception and “progress further”. He even disputes the exception’s legal grounds, and reserves to lodge “jurisprudence” of Trieste’s Court to prove his point.

The Justice is equally surprised. What a claim! Is it possible that a pro-independence lawyer accepts Italian jurisdiction over the Free Territory? That he recognizes Italian sovereignty over Trieste without batting an eye? Why not taking advantage of it?

So the Justice asks Sponza if he can immediately provide to her said legal decisions (judgments, ordinances) to prove that the (real) pro-independence person’s exception lacks legal ground.

Sponza obliges. The Justice suspends the discussion for half an hour. TL3’s secretary, who is also Triest NGO’s advisor, goes for longed-for evidences that she can use to reject my exception.

About 45 minutes later, “collaborative” Sponza and his trusted lawyer are back. Here come the precious documents. Sponza and his lawyer hand them over to the Justice, to their colleague, who is already in Chambers.

Neither the Public Prosecutor nor my own lawyer can even see the document. It looks more like a reunion of the lawyer’s professional order than an actual hearing.

The decision is already taken.

And it is a decision that certainly relievens the Five Star Movement’s Justice-lawyer. Her colleague has indeed made a good choice. And, as if seeking to better establish that Italian sovereignty over Trieste is undeniable, Sponza lodges Judge Leanza’s famous ordinance (Court of Trieste).

This act, outdated, comes from a trial of mine. Still, according to lawyers Sponza and Bridda, it is the ultimate evidence of Italian sovereignty over Trieste under the 1975 Treaty of Osimo.

This is how, thanks to TL3’s collaborative secretary, the Justice rejects with an ordinance my exception on jurisdiction. The next hearing is on June 23rd, 2016.

Curious enough, this is right after the municipal elections that the fake pro-independence gang of Via Roma is participating to. Recognizing, one more, Italy’s rights over Trieste. Just as they did on June 11th, 2015, before the Justice of the Peace, who is illegitimate in Trieste.

Goodbye and amen, Territorio Libero 3.

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