Doc. 8547
23 September 1999

Malfunctioning of the Italian legal system

Written Declaration No. 296

This written declaration commits only the members who have signed it

      The Assembly, noting the numerous cases in which the justice system is used in a political and persecutory manner in Italy, including:

- the storming of the Milan headquarters of the Northern League in 1996 by police acting on the orders of the judiciary;

- the very heavy sentences imposed on the citizens who occupied St Mark’s Square in Venice in 1997 to commemorate the past glories of the Most Serene Republic and who were denied the benefit of even the mitigating circumstances usually afforded in murder cases;

- the inability of the accused to participate directly in a trial (which has been called “North-South”), following an unexpected decision of the Justice Minister based on alleged security grounds, which in effect prevented them from exercising their right to defend themselves;

Denounces a situation, which has now become the rule, where cases are not treated impartially by judges, who – often acting on the basis of unverified statements made by criminals known as “repentees” – perform their public office in terms of political and racial persecution and on the basis of the media impact of the accusations they have made and the proceedings they have initiated,

      Condemns the practice whereby large numbers of individuals subjected to criminal prosecutions based on inconsistent accusations have to wait years before ultimately being acquitted in higher courts.

Signed : ¹

Dolazza, Italy, LDR

Christodoulides, Cyprus, UEL

Gnaga, Italie, LDR

Pereira Marques, Portugal, SOC

Rodeghiero, Italy, LDR

_________________

Total = 5

¹        SOC: Socialist Group

      EPP/CD: Group of the European People’s Party

      EDG:European Democratic Group

      LDR : Liberal, Democratic and Reformers’ Group

      UEL : Group of the Unified European Left

      NR : Not registered in a group