Abolishing the penal code

gregge di pecore.jpg

If this Government lasts a few more months it will abolish the penal code.

It's latest exploit is the "Pecorella law" just approved in Parliament.

The law establishes that if a defendant is found not guilty, the prosecution cannot appeal but can only take the case to the Court of Cassazione.
A defendant who has been found guilty, however, has the right to appeal and if the appeal fails, to also go to the Court of Cassazione. The limitation of the powers of the prosecutor is a grave violation of the equality of powers of people taking on different roles in a trial, as established by the Constitution.

To get a better idea, let’s consider a game of football between Boccassini’s team and Previti’s team.
If at the end of the first half Boccassini is winning, Previti can play the second half and extra time.
If however Previti is winning at the end of the first half, Boccassini only has extra time and no second half at all.  

If this were really to happen in a football championship, there would be uproar.
Even Mediaset would throw itself into the arena because it could only broadcast a piece of the game.
But what is just unthinkable for a game is the new reality for an Italian judicial trial.

Another effect of the “Pecorella” law which is always happening, even when the defendant has appealed, is the transformation of the judgement of the Court of Cassazione (which should decide exclusively about whether the law was applied properly) into a third level of judgement into the “merit” of the case, that is a re-examination of the whole process of the trial that has taken place.

This means:

- turning upside down the role of the Court of Cassazione
- increase in the length of trials (and they are already shamefully long)
- multiplication of the tools used for appeal and for delay
- unmanageability of the Court of Cassazione, which will then go on strike
 
If we combine all this with the reduction in the terms  of prescription {to specify a maximum delay before conviction} (ex Cirielli law) we can calmly say that the effects of the “Pecorella” law will be turmoil.

Final blow: the European Human Rights Commissioner Alvaro Gil-Robles published on 14 December 2005 a 60-page document against the administration of justice in Italy.

PS: the dwarf carrier of prescription has been to the tribunal to testify. Everyone was surprised because he said nothing.
He did well: if he had said something, they would have arrested him for false testimony.

Posted by Beppe Grillo at 07:44 PM in | Comments (2)
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http://guerrillaradio.iobloggo.com/ :
Scottish ISM-activist Forcefully Deported From Israel After 7 Weeks
in Prison
January 15th, 2006

At 3:00 in the morning to Friday, ISM-activist Andrew Macdonald was
forcefully deported from Israel, 7 weeks after being abducted from
Palestine by the Israeli Border Police. Still refusing to comply with
the State of Israel's policy of deporting Human Rights Workers from
Palestine, he was carried on to the plane and accompanied by two
Police
Officers on the plane from Tel Aviv to London.
Before his arrest, Andrew worked in Tel Rumeida, Hebron, where ISM and
the Tel Rumeida Project provides an international presence to support
the daily Palestinian non-violent struggle against attacks from
Hebron's violent settlers. Before and after his arrest, the IDF and
the Police in the area have repeatedly been trying to get as many
Human
Rights Workers (HRW's) as possible out of Tel Rumeida, by arresting
them on false accusations, trying to "negotiate" with Israel's
Ministry of Interior in order to get them deported, confiscating their
cameras and deleting video evidence of settler and military criminal
acts, issuing false Closed Military Zone Orders, and on two occasions
trying to enter their apartment without a warrant.
There is evident fear from the Israeli authorities that people around
the world will find out about their inability and unwillingness to
protect the Palestinian population of Tel Rumeida. Palestinians in Tel
Rumeida face daily acts of violence such as stone throwing, physical
abuse, spitting and insulting from the violent settlers. Out of 120
documented settler attacks in the last few months, no measures
whatsoever has been taken by the Kiryat Arba Police force, not a
single
arrest has been made, even when video evidence of the attacks has been
handed over to the police by HRW's in the area. Settlers are granted
virtual unaccountability for their violent acts in this neighbourhood.
Andrew has been imprisoned for 7 weeks, one week of which in
isolation,
after refusing initial deportation. He has been held in the detention
centres of Ramla and Tzohar. Throughout his imprisonment he has
received various threats from his prison commander. Threats have
varied
from transferring him to a mental institution, drugging him, and to
"play games with him". He has also been subject to light torture;
whilst in isolation he was deprived of his sleep when guards refused
to
turn off the lights at night. Furthermore, prison guards have
repeatedly interfered with his visiting hours, sometimes cutting them
short ahead of time, sometimes themselves sitting and wanting to take
part in the conversations between Andrew and his visitors.
For more information and to get in touch with Andrew:
ISM Media Office +972 2 297 1824 www.palsolidarity.org
Tel Rumeida Project +972 54 557 3154 www.telrumeidaproject.org

Posted by: alessandra arrigoni | January 17, 2006 12:11 AM


Sharon: a man of war

Unlike Zionists (and their American friends) who gleefully proclaimed
after the mysterious death of Yasser Arafat that the world will be a
better place, the Palestine Solidarity Committee will not express glee
at the death - or impending death - of any human being. However,
with all the recent platitudes about how Ariel Sharon was 'a man of
peace' and how his death (physical or political) will negatively
affect 'the peace process', we believe it necessary to set the
record straight: far from being a man of peace, Sharon was a man of
violence and a war criminal!

For Palestinians and justice-loving people around the world, Sharon
will be remembered in the same way that we remember Hendrik Verwoerd,
General Franco, Mobutu Sese Seko and Saddam Hussain. Sharon's
military and political career has been marked by numerous acts of
terrorism and various atrocities. He believed in the language of
bloodshed, racism and the practice of brutal oppression and ethnic
cleansing, not in peace and justice. Throughout his military and
political career, Sharon distinguished himself as a brute and a bully.
The fact that he is gravely ill does not absolve him from the numerous
war crimes he is responsible for. Nor should it cause us to rewrite
history to make him look other than what he was.

We regard Sharon as a war criminal because his crimes against humanity
- as determined by the Geneva Conventions and by international law
- include:
1953: he was the leader of the Israeli army's Unit 101 that herded 69
civilians into their houses during a raid against the Palestinian
village Qibya - before dynamiting all the houses. There were no
survivors.
1971: he promoted a policy of bulldozing and demolishing Palestinian
houses in the Gaza under the pretext of security. Destroying the houses
of an occupied population is a war crime under Geneva Conventions.
1982: he was the architect of Israel's invasion of Lebanon which
became known in Israel as 'Sharon's war'. His invasion resulted
in the deaths of more than 15 000 Lebanese civilians and he earned the
epithet 'the Butcher of Beirut'.
1982: during the invasion, Sharon cooperated with and provided
protection to the armed militias of the extreme right wing Phalange
fascist group when they massacred over 3 000 unarmed refugees (largely
women and children) in the Sabra and Shatilla refugee camps. An Israeli
Commission of Enquiry found him "personally responsible" for the
massacres and ruled that he was not fit to be the Israeli minister of
defence.
1990-92: he served as Israel's housing minister. This period saw the
rapid and deliberate expansion of Israeli colonies (or settlements) on
Palestinian land. The building of settlements / colonies on occupied
land is illegal under the Geneva Conventions.
2000: Sharon triggered the second intifada by deliberately and
provocatively swaggering into the Al-Aqsa mosque compound in Jerusalem,
supported by thousands of Israeli security personnel.
2003: he was responsible for initiating the building of the apartheid
wall, a grotesque 8-metre high wall which, on completion, will be 750
km long, imprisoning thousands of Palestinians and stealing large
tracts of Palestinian land. The International Court of Justice ruled
that the wall was illegal; Sharon refused to accept the ruling.
Through his prime ministership, he championed extra-judicial
assassination of Palestinian leaders and the wanton bombings of
Palestinian residential areas - both of which are illegal under
international law.
When he was taken ill, Sharon led the world's fourth largest army and
sat atop more than 200 nuclear warheads, continuing to refuse the
International Atomic Energy Agency any access to nuclear facilities.

Some observers are now referring to Sharon's Gaza redeployment to
argue their contention of him as a man of peace. Clearly, his decision
to remove the Israeli settlers from Gaza (whose presence there was, in
any event, illegal under international law) was calculated to
strengthen the occupation of the West Bank (including Jerusalem) and
was certainly not a move towards peace. The redeployment was
precipitated more by the Gaza resistance than by any concern for peace
on Sharon's part. There is also talk about how the "Road Map" will
suffer with Sharon's death. Does no one remember that Sharon refused
to accept the Road Map?

Finally, it is necessary for us to note that if Sharon's "peace plan"
sees the light of day on the ground, Palestinians will end up with 13
percent of their land! Quite a testimony for a man concerned with
peace. The only solution for a durable peace in which Jews and
Palestinians can live peacefully, with the security of both being
guaranteed, is one where all Palestinians and Israelis are able to live
together in a single democratic state which ensures human rights and
equality for all its citizens.
http://guerrillaradio.iobloggo.com/

Posted by: alessandra arrigoni | January 16, 2006 12:19 AM


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