Friday, January 22, 2010

Attempts to outlaw communism in Italy

As in Pistoia the trial battle begins for anti-fascists attacked by repression, in Rome the Supreme Court sided with those who want to outlaw Communists!
Let’s fight against the establishment of new Specials Courts!

Let’s nip in the bud the tests of fascism!

Yesterday there were two important legal deadlines for the fight in defense of political rights conquered by the Partisan Resistance against outlawing Communists and against the establishment of special courts the reactionary right wants.

• Rome: Supreme Court about the Eighth Judicial Proceedings against the “caravan” of (n) PCI

• Pistoia: first day of the trial against the anti-fascists

Supreme Court about the Eighth Judicial Proceedings against the “caravan” of (n) PCI

The Supreme Court upheld the appeal brought by “new Torquemada” Paolo Giovagnoli, now chief prosecutor in Rimini, and Marcello Branca, Attorney General Lawyer of the Republic at Attorney of Bologna, against non suit sentence “as the crime does not exist”, issued on 1 July 2008 by the Judge for Preliminary Hearing Rita Zaccariello about the Eighth Judicial Procedure for “subversive association” (Paragraph 270a) carried out against 12 comrades of the (new) Italian Communist Party, of the CARC Party and of the ASP.

In other words, the Supreme Court tore up Rita Zaccariello’s sentence and ordered a new preliminary hearing to decide whether or not to make the trial against 12 accused comrades. Therefore, with this decision, the Supreme Court allows the resumption of the Eighth Judicial Proceedings against the “caravan” of (n) PCI, that the “big powers” planned and the zealous Giovagnoli assembled and led, with the support of secret services and center-right and center-left governments, with the aim to outlaw this political area by using the instrumental charge of “terrorism.”

With yesterday’s decision the Supreme Court takes sides clearly with the project by of reactionary and subversive right-wing:

- to proceed with more determination in wiping out what remains of the political rights conquered by the Partisan Resistance,

- to proceed in outlawing Communists and those who are fighting for socialist revolution, extending the repression against Communists and political opponents!

- to establish new special courts for the Communists and other opponents of Papal Republic.

The general prosecutor, Giovanni Salvi (brother of the exponent of Socialism 2000, member of the Federation of the Left, Cesare Salvi) harangued for the annulment of non suit sentence, easily violating the criteria that govern the functioning of the Supreme Court. Instead of following what the justice of our country dictates and then analyzing only the technical aspect of Zaccariello’s work and decision (that is whether or not there were errors or irregularities in conducting the preliminary hearing and in structuring the sentence), he went into content of the sentence.

Judge Giovanni Salvi has in fact traced the events at the center of an investigation conducted by the “new Torquemada” and concluded essentially that Zaccariello has misinterpreted the count of indictment of “subversive association” (paragraph 270 bis). According to him, the presence of an organized structure aimed to transform the existing social order establishing socialism is enough to set the crime of subversive association. His “large” interpretation of paragraph 270 bis, count of indictment inherited by the fascist Rocco Code, is in line with that of the special courts of the fascist regime that used it to incarcerate thousands of Communists, political opponents and anti-fascists, including Antonio Gramsci.

We must remember that in the past Giovanni Salvi already dealt with the “caravan” of (n) PCI. In fact he was one of the holders of the investigation for “subversive association” opened against the “caravan” by the prosecutor of Rome in 1999 and closed on 4.09.2001. He was as well among the holders of following investigation, opened immediately after the closure of the former one, always by Rome Attorney, always for “subversive association”, always against the “caravan” and always ended with closure in 2003, the year in which Giovagnoli in his turn opened this Eighth Judicial Proceeding!

Defending counsels asked Salvi why he before closed even two investigations and now supports the accusations of Giovagnoli, who opened an investigation immediately after the end of the two conducted by the Public Prosecutor of Rome. Salvi was cornered by this clear contradiction that showed persecutory and political purpose of the request for revocation of non suit. He tried to get free claiming that he asked closure in 2001 and not in 2003, as though contradicted by court records.

The State lawyer as well did not lack resourcefulness and creativity. He flung himself in fanciful inventions, without any correspondence with the documentation of the procedure.
While in court the rules governing Supreme Court’s functions and duties and the political rights conquered by the partisan resistance were violated, and the general prosecutor and the State lawyer did not hesitate to use even lies and misinformation, in St. Marco square, the CARC Party, the Proletarian Solidarity Association, the Struggling Workers Union for the Class Trade Union, some comrades of RASH (Red Anarchist Skin Heads), of University Resistance and of OCI (International Communist Organization) held a rally against the persecution of the Communists and in solidarity with Tuscan anti-fascists attacked by repression.

They also denounced the repressive attack carried out against comrades Virgilio and Morlacchi, arrested in recent days in Milan for a warrant by Rome prosecutor, who is carrying out the so-called investigation against the new Red Brigades. Also these timer arrests, accompanied by bombastic statements by Minister Maroni and by an intoxicating media campaign, testify the climate the reactionary right is trying to create in our country. The persecution of Communists and anti-fascists, the more and more clear violations of the Constitution and of the laws that to some extent protect masses’ interests, the accusations and police charges against workers, students, environmentalists, the “security package” of laws and the hunt for immigrants and Centers where they are shut in, the raids in Rom camps, the forced evictions of social centers, the militarization of entire cities and regions, the extent of control measures and enforcement, go hand in hand with the proliferation of tests of fascism. Casa Pound, Forza Nuova, Fiamma Tricolore, la Destra, the racist green shirts of Borghezio, and so on: the most reactionary part of the ruling class, properly represented by the band of criminals, fascist and clerical gathered around Berlusconi, is testing each one of these fascist and racist groups and movements to see which one could be able to lead the reactionary mobilization of the masses.

To repress opponents, to mobilize the most backward and brutish part of the masses against the other part, to drag all them in the aggression and looting of other countries is the way by which the ruling class tries to “get out of the crisis” keeping standing its system of social relations, its power and its privileges. The revolt of the immigrants in Rosarno uncovered which future this scum is preparing for us: savage exploitation, removal of most elementary rights, degrading living conditions, misery and brutishness. It showed which means it uses for doing it: the fascist squads in hand with organized crime and law enforcement.

Pistoia: first hearing of the trial against the anti-fascists

In Pistoia yesterday it began the trial against 6 Tuscan antifascists, Juri Bartolozzi, Alessandro Della Malva (CARC Party members), Vittorio Colombo, Selvaggio Casella, Alessandro Cipolli e Elisabetta Orfani , accused of “devastation, looting and injuries” “due to damaging Casa Pound seat on 11 October in Pistoia. These comrades are all under house detention, except Alessandro Della Malva, imprisoned in Parma, where he was moved to try to undermine its morale and its strength after a period of detention in prisons of Pistoia and Prato. In Parma, the comrade is subjected to censorship of incoming and outgoing mails, by order of the judge of preliminary investigations. This process is a clear legal frame based on false and opportunistic testimonies by members of Pistoia right wing.

Outside the courtroom there was a fighting rally for denouncing, for struggle and solidarity promoted by the Committee of Relatives and Friends of Alessandro della Malva, by the CARC Party, by ASP, by Pistoia Anti-Fascist and SLL. Throughout the morning there were launched slogan, made speeches, sung songs of the communist movement, spread anti-fascist leaflets, issued press statements to denounce the repressive nature of the trial aimed to contrast the development of Tuscan anti-fascist movement roots and leave free hand for fascists and racists taking roots in popular neighborhoods. The masses of Pistoia were called to solidarity with antifascists and to fight against fascists and racists. The comrades under inquiry could feel the warmth and support by the anti-fascist movement.

Inside the Court, in a room full of comrades, relatives and anti-fascists, a technical hearing was held to begin the trial, which was set for 27 and 29 January. The lawyers submitted a list of witnesses they deem appropriate to convene and illustrated the contradictions present in the court, starting from what the so-called “witnesses” referred. The lawyer Leone also highlighted the violation of political rights ongoing in this proceeding and requested the release for Alessandro Della Malva. Judge Luciano Costantini will decide in coming days.

Comrade Alessandro Della Malva, in his turn, asked the judge to make a statement. After some initial resistance, the judge leave him to speak, and he told he has nothing to do with the facts, he claimed his political activity within the CARC Party, denounced the political and repressive nature of ongoing proceeding, stated that it was necessary to nip in the bud the tests of fascism, to contrast the attempts by fascists and racists to take root in popular neighborhoods and to close their dens when the Authorities (violating the laws of the Italian State itself) do not directly intervene. Moreover, he denounced the regime of isolation and censorship to which he is subjected in prison in Parma. The intervention was applauded by comrades present in the courtroom.

After the hearing, Alessandro has been taken in prison again: a spontaneous march singing Bandiera Rossa followed the jail van going through the weekly market.

We launch a call to all anti-fascists, communists, sincere democrats to take a public stand against these attacks to the political rights and to promote initiatives for denounce and solidarity!

No to outlawing Communism and anti-fascism!

Freedom for the comrades attacked by the repression!

Let everybody come in Pistoia on 27 and 29 January!

Let everybody come in Massa on 26 January to the trial against the Anti-Racist Anti-Fascist People’s Patrols that this summer go to contrast the Nazi-fascist patrols!

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