*”Se Pol” means “We can” in Triestine. “Trieste Libera” means “Free Trieste” and it is the name of our Movement.
APRIL 9th - NEW MATCH IN THE COURT OF TRIESTE: THE JUSTICE WHICH HAS RECOGNIZED THE TEMPORARY ADMINISTRATION OF ZONE A OF THE FREE TERRITORY UNTIL 1975 MUST NOW DECIDE ABOUT THE VALIDITY OF THE TREATY OF OSIMO.
On March 19th, 2014, for the first time, an Italian justice has recognized that Trieste and Zone A of the Free Territory, up to 1975, were under temporary civil administration following from the agreement stipulated on October 5th, 1954 among U.S.A., United Kingdom, Italy and former Yugoslavia.
This, in fact, is the well-known Memorandum of Understanding of London, under which the powers exercised by A. M. G. when the Treaty of peace of Paris came into force on September 15th have been transmitted to the Italian Government, in the waiting for the constitution of the new State, meaning the Free Territory of Trieste.
This first acknowledgment is important. It has been obtained through an ongoing legal battle which I have started on December 14th, 2011 with the presentation of the first exception of absolute lack of jurisdiction of the Italian judiciary authority within Zone A of the Free Territory of Trieste.
Yet, this act had already been preceded by the first international report which I presented on July 11th, 2011 in front of the European Commission (as summarized in post “A citizen of the Free Territory of Trieste”) to rise the issue of environmental pollution in Zone A of the Free Territory, as well as reporting the violation of the status of the International Free Port of Trieste. In the statement of complaint I declared myself a citizen of the Free Territory of Trieste. It was, once again, the first time that the membership of Trieste to the European Union was objected.
Ever since, a long path has been walked. The question of Trieste did also reach the European Parliament. And many more persons have followed my example, becoming aware of their rights.
Yet, Criminal Procedure 854/10, the one in which Justice Piero Leanza expressed himself on March 19th, has represented a breaking point for this very important – yet, left unsolved for many decades – issue. For the first time, a person, not the persecuted one, but the offended party in a criminal case, has equally risen the judiciary exception, requesting to obtain justice from the natural justice, which, as for Trieste, is that of the Court of the Free Territory, meaning outside the jurisdiction of the Italian Republic.
It is a request based on the very respect of international treaties, included the Memorandum of Understanding of London London. In fact, the Italian Government should have respected that, by granting the same regime of administration which had previously been ensured by the Allies. This equals to a Court whose justices are appointed by the Governor and must act in fulfillment of the Treaty of Peace. The Court o the FTT only has two levels of courts, and the Italian Court of cassation has no competence here.
And right from the asseverated translation of the Memorandum of London, required by the justice in this test case, resulted, without doubt, the truth which to many people have tried to mystify for decades: there is not Italian sovereignty over Trieste, Zone A of the Free Territory and over the Free Port. At least, not until 1975 – the year Treaty of Osimo was signed – the justice said.
On April 9th I will once again be at hearing in front of the same justice, within another criminal procedure. This time I am the accused part. I rose the exception of lack of jurisdiction in this trial as well. Now it is time to demonstrate that the Treaty of Osimo could not modify neither the Memorandum of London nor the Treaty of Peace of 1947. And, as for this, there absolutely is no doubt.
Yet, it is not easy explaining how many sacrifices are necessary to bear the weight of such an hard struggle on my shoulders. I’m telling this now, because I am often asked what are the reasons which lead me to follow this road. And, in a world in with all actions are simply evaluated out of their opportunistic value, it is hard making someone realize that a human being can be guided by values with are far more noble that these revolving on mere, material gains.
And so, if you simply explain to them that you are sustaining this battle to obtain the respect of the universal values of justice, equality and tolerance, as well as the best for the common good which is the Planet we live on, they stare at you as if you were out of mind, an alien in this society on the way of self-destruction.
They criticize you and tell you that it is impossible for you to become a leader. But what is a leader? If a leader has to be an hypocrite, ready to any compromise in order to fulfill his own goals, then it is way better being an ordinary person. But one which acts loyally. And which is not afraid to stand for what is good. In the eternal, constant conflict, which is the foundation of human life and history, which is now in an extraordinary, acute and paradoxical, critical phase.
Translation of the Ordinance:
“As for the exception of lack of jurisdiction, summoned by the defense of the offended person, we observe what follows.
With the Memorandum of London – stipulated in 1954 by Italy, Yugoslavia, United States and United Kingdom – it was stated that the administration of “Zone A” would have passed from Anglo-Americans to Italians. Because of this, just like the Anglo-Americans had received of the duty to administrate this territory until the institution of the Free Territory of Trieste, according to the Memorandum of 1954, Italy has legitimately taken their place, continuing to administrate Zone A while waiting for the decision concerning the application or not of these sections of Treaty of Peace of Paris envisioning the institution of the so called Free Territory of Trieste.
Then, in 1975, the Treaty of Osimo intervened, and that has allowed the ultimate passage of the concerned territory under the sovereignty of Italy. This Treaty does not result as having ever been modified, nor was it opposed to by any State nor international organism (here including the United Nations).
Also, it does not result that the Free Territory of Trieste has later been instituted, nor – consequently – that its own organs were constituted (here including its Courts of justice or other jurisdictional organs), so the Italian State does legitimately – along with its own organs, included Courts of all levels – exercise the powers which both the Constitution and the law of the State recognize to them.“
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