WORLD WORLDWIDE EUROPE ITALY - news journal UPDATE - (en) Italy, Umanita Nova #8-25 - Rule of law with special courts (ca, de, it, pt, tr)[machine translation]

 For over a year we have been witnessing in dismay the umpteenth genocide

in human history against the defenseless population of Gaza and the West
Bank. According to the Palestinian Ministry of Health, from October 8,
2023 to January 19, 2025, 46,913 people died (of which approximately 60%
were women, elderly people and children) and 110,750 were injured. Added
to these are the 186,000 indirect victims caused by the war, an infinite
number of psychologically traumatized people, especially very young
people and infants. In addition to a high number of missing people still
under the rubble. Unfortunately, the data is not definitive.
A year and a half of systematic destruction has deprived the territory
of Gaza of any resource and infrastructure essential for survival. A
vile blockade of humanitarian aid to the population has continued for
many months. The exchange of political prisoners and hostages has been
launched very recently, under the aegis of a fragile truce that is
constantly in danger due to warlike actions and reactions from all sides.

The devastation caused by Israeli bombings has given rise to the usual
business speculation. The reasons given by Israel of "fight against
terrorism" and "right to defense" have also allowed the US to test new
strategies of diplomatic offenses.

This war of annihilation has touched the sensitivity of civil society in
several countries, quickly transforming the wave of indignation into a
strong movement of solidarity towards the Palestinian people.

In Italy, the attempt by many mass media and political forces to
discredit the "pro-Pal" movement and the lukewarm opposition have
allowed the government to repress with impunity any expression of
popular dissent. Not only to impress on domestic politics an ever
greater anti-libertarian neo-fascist authoritarianism, but also to
defend the interests of the lobbies involved in the so-called "war
economy". Furthermore, the government's action has demonstrated an
acquiescent obedience to the most vulgar imperialism made in the USA
(and therefore also made in Israel).

This subservience appears clearly in the climate of intimidation towards
anyone who wants to take to the streets, with violent charges on
demonstrators, arbitrary police stops, expulsion orders and arrests,
until it takes shape in the thorny judicial case of Anan Yaeesh.

Originally from Tulkarem, in the occupied West Bank, Anan, 37, a former
political prisoner of Israel, has lived and worked in L'Aquila since
2017 as a foreign citizen subject to international protection. This
status was granted to him by the Territorial Commission for the
recognition of international protection of Foggia, on the basis of the
United Nations Report drawn up by the Special Rapporteur on the
situation of human rights in the Palestinian territory.

Despite not having committed any crimes in Italy, on January 27, 2024
Anan was arrested by DIGOS on charges brought against him by Israel of
belonging to and being a financier of the Tulkarem Brigade, an armed
group that would bring together young people from various factions of
the Palestinian Resistance, from Hamas to Fatah.

Despite there being no evidence to support the precautionary measure,
the Court of Appeal of L'Aquila still ordered his temporary arrest for
the purpose of extradition and since January 29, 2024 Anan has been held
in prison.

The measure was found to be illegitimate according to international law,
the United Nations Charter, the Geneva Convention and the two additional
Protocols, since it was based more on diplomatic relations between Italy
and Israel than on case law. Thus, in March 2024, the Court of Appeal of
L'Aquila decreed its revocation.

Not wanting to give up "the prey", the Israeli authorities requested his
extradition. The request was rejected because the Italian legal system
does not provide for it when, as in this case, "there is reason to
believe that the accused or convicted person will be subjected to
persecutory or discriminatory acts or to cruel, inhuman or degrading
punishments or treatments or to acts that constitute a violation of
fundamental human rights. Extradition is also not granted for political
crimes, for reasons of race, religion or nationality or for crimes
punishable abroad with the death penalty".

Two days before the revocation of the pre-trial detention ordered by the
Court of Appeal, Yaeesh was reached by a new order of preventive
detention on charges of terrorism and was sent for trial together with
his roommates, Ali Irar and Mansour Doghmosh.

Subsequently, following an appeal by his lawyers (lawyers Flavio Rossi
Albertini and Stefania Calvanese), the Court of Cassation and the Court
of Liberty ordered his release pending trial.

In the same month, the Israeli state then withdrew its extradition request.

But Anan Yaeesh's judicial vicissitudes continued with a third
precautionary custody order in April 2024.

In July 2024, the preventive detention of Ali Irar and Mansour Doghmosh
was annulled with referral to the Court of Appeal, but the sixth
criminal section of the Supreme Court confirmed, instead, the detention
of Yaeesh. A measure also confirmed in the preliminary hearing of the
trial against him, held on 26 February 2025 before the preliminary
hearing judge Guendalina Buccella of the Court of L'Aquila.

In addition to these events, in their particular succession and timing,
it is important to highlight two steps taken by the Italian authorities
in this matter.

First: not having sufficient evidence to support the trial, the Italian
investigators asked Israel to collaborate in the investigations (a
noteworthy choice considering the climate of persecution against
Palestinians by the Israeli government).

Second: Anan Yaeesh defined himself as a "Palestinian resistance fighter
and partisan commander" and asked that his phone, containing information
in his possession as such, not be handed over to the Israeli
authorities. The Italian government thought it best to do exactly the
opposite, thus endangering his safety and that of other people in Palestine.

The coincidence between the requests made by Israel and the timing of
the judicial orders issued by the Italian judiciary for the start of
this trial, highlight the unscrupulousness with which the established
power moves the pawns of the executive and the judicial system as
weapons of repression and persecution in defense of particular and
geopolitical interests, rather than in the interest of justice itself.
The indictment on charges of terrorism against Anan Yaeesh, in fact,
looks a lot like a dictatorial ploy to circumvent the rejection of the
extradition request, despite the obvious violations of his rights that
could even legitimize a trial for complicity with Israel in war crimes
and crimes against humanity.

The repressive and persecutory use of judicial processes against
political opponents brings to mind the saddest and bloodiest years in
Italian history. With the increasingly obvious reactionary offensives
such as the security bill or the separation of careers, which tend to
strengthen and centralize power, it is impossible not to recognize the
prerequisites for an increasingly authoritarian system, a violent
neo-fascist escalation that is so inspired by the establishment of a
special tribunal for the defense of the State.

This democrature could open a highway to a new clerico-fascist and
warmongering dictatorship that would be difficult to counter, if not
through the awakening of a critical and conscious social conscience, a
movement that moves together towards the creation of a finally
libertarian, inclusive, secular, fair and mutualistic society, based on
ethical principles of peace and harmony between peoples.

'Gnazio & Melitea

https://umanitanova.org/stato-di-diritto-con-tribunali-speciali/
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