Law; Italy Court annuls release of activists charged with “subversive association”
01 March 2003
On 7 May 2003 the Court of Cassation in Rome annulled the decision taken by Catanzaro court to release activists (Rete del sud ribelle) who had been arrested on 15 November 2002, charged with “subversive association” and political conspiracy against the state by Cosenza prosecutors (see Statewatch news online, November, December 2002). The appeal by Cosenza prosecuting magistrate Domenico Fiordalisi was based on irregularities in the hearing in Catanzaro, and undue influence exercised by a demonstration outside. Defence lawyers stressed that the appeal was based on an interpretation of laws on “subversive association” and “political conspiracy” that dated back to fascism. The Court of Cassation accepted the appeal on the grounds that there were “procedural” irregularities in the composition of the court (ie. different judges should have heard the case). This means that a new hearing will have to take place in Catanzaro before a court selected through an “appropriate” process to decide if the activists should be released or not, although they will not be freed in the meantime. If the Court of Cassation fails to give instructions to the future court regarding the nature and consistency of the charges against the accused in the document explaining its ruling, the “subversive association” charges may be upheld.
According to the Confederazione Cobas, a trade union movement to which some of the defendants in the Rete del sud ribelle case belong, past Court of Cassation jurisprudence argues that such irregularities are a merely internal issue, which does not affect court decisions that have already been taken. The Confederazione Cobas has been regularly targeted following events at the G8 summit in Genoa in 2001, with raids on its Taranto offices, confiscation of IT material, and charges brought against some of its members for “psychological participation” in disturbances in Genoa.
Confederazione Cobas statement 10.5.2003.