Free Trieste

PROCEEDING 1428/07: A MILESTONE IN THE DEFENSE OF CIVIL RIGHTS IN THE FREE TERRITORY

Since the beginning of the public aggression against Free Trieste, detractors accuse me of using the exception of the lack of jurisdiction in criminal and civil proceedings “to escape Italian justice”.

This derogatory campaign, rampant on social network Facebook, echoes online and on the press. Its goal is persuading public opinion that I act by sheer self-interest, not for the the cause of the Free Territory of Trieste.

The violence of the campaign against the alleged “enemies of the cause” is as violent as it is alarming. Especially because it has a “State” after-taste. Indeed, the local nationalistic “camorra” is the one that gains the most out of Free Trieste‘s discredit: doing so discredits also the legal battle for the rights of the Free Territory’s people.

Paradoxically, this campaign targets the only ones courageous enough to openly denounce the simulation of Italian sovereignty over Trieste. Even before the judicial authorities that serve their duties in the Free Territory.

One of the trials the detractors criticize the most (despite using without remorse my consequent legal documents) is that initiated by the Amici della Terra Italia – Friends of the Earth Italy and their President, Ms. Rosa Filippini.

I am the accused person, side by side with my friend Paolo G. Parovel, fearless, independent journalist and director of Free Trieste’s media: the alleged crime is defamation.

The trial is part of our past in the aforementioned environmentalist group: the time we stood tooth and nail against the ecomafias that pollute Trieste’s environment.

A stand “inconvenient” enough that FoE Italy stripped our local organization of the right to represent it. The story of this battle for the environment and for civil rights is told in my book “Tracce di legalità”.

Thinking of it, then as now, the package included a serious derogatory campaign. And even then, local newspaper “Il Piccolo” was first in line.

The local nationalistic “camorra” – colluded with criminal cartels and deviant pseudo-freemasons – cannot maintains its power over Trieste without getting rid of the people who stand with the law.

As if the press were not lynching us enough, Ms. Rosa Filippini, FoE Italy’s president, filed a complaint against us for daring to answer back to her serious, public accusations.

And this one trial, the only criminal proceeding pending on me, is also the one in which I presented the first exception of the lack of jurisdiction.

It happened on 14 December 2011. This is also the first time that I rejected a judge for his refusal to explain the rejection of my exception. Which means, a judge who was unable to prove the source of his authority.

From this first action, from one citizen of the Free Territory standing for legality, soon there were many claiming their rights and seeking compliance with the 1947 Treaty of Peace.

From that day on, I raise the exception on jurisdiction in all the proceedings: judicial, administrative,  on taxation. Even when I am the offended party seeking compensation for damages.

However, too many people have quickly forgot all about it.

This is how that old mud-slinging mechanism worked even to incite my previous supporters, who soon started calling for my elimination, and for Paolo G. Parovel’s. They cannot corrupt us, so we are dangerous.

The only thing to do is getting rid of us. Just as demand some unpleasant individuals involved with the new fascist wave, disguised as unlikely stand for independence.

Now, on December 3rd, 2014, FoE Italy’s suit against me and Paolo G. Parovel is over (see note below). The Court acquitted us, “because the fact does not constitute a crime”.

Though the almost three years of this trial, we have lodged three exceptions on jurisdiction, based on increasing evidences. We rejected two judges (first Paolo Vascotto, then his substitute, Piero Leanza).

This trial, along with the parallel one (No. 854/10) in which, I questioned jurisdiction despite being the offended party, are the sources of some important legal decision, issued by Italian judges.

First of all, the legal translation of the 1954 MoU regarding the Free Territory (with judge Vascotto), two ordinances admitting that the Italian Government exercised temporary civil administration over the present-day Free Territory of Trieste until 1977 (with judge Leanza).

This is the beginning of everything.

Without the pioneers of the law, the two citizens who, three years ago, “dared to present an exception on the lack of jurisdiction”, to quote pro-Italian nationalistic newspaper “Il Piccolo” and its derogatory article about our acquittal, well, without them the Free Territory’s awakening would simply not exist.

On December 14th, 2011, I took the first, fundamental step for the rights of all the people of the Free Territory of Trieste.

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*FoE Italy was soon investigated by the Friends of the Earth International Federation (FoEI). The investigation ended with the International group seeking FoE Italy’s expulsion. The international federation found that the Italian group “not sharing the vision, mission and principles” of FoEI, as well as being perceived as the «source of division» in the Italian ecologist movement, of being isolated by it, and that 40% of its incomes derive from conferences financed by companies like Eni and Enel, which don’t take a firm enough stand against unclean sources of energy, and of «disagreeing with environmental justice».

Speaking of those conclusions, it is all things we were well aware of 9 years ago, as we sought an international inspection of the Italian FoE. Back then, we were told that yes, maybe we were right, but even so, one small local group could never win over the national federation. Money before morality.

Translated from blog “Environment and Legality” by Roberto Giurastante

Read this article’s unofficial English translation HERE.