Last week the police notified one of our comrades of an "oral warning"
measure. ---- The oral warning is a preventive measure - or rather -
preparatory to the application of preventive measures such as the
expulsion order or special surveillance. Furthermore, the provision may
entail prescriptions or prohibitions, such as the withdrawal of the
driving license or the ban on frequenting certain places or people. ----
The history of preventive measures, i.e. imposed not following a
specific sentence, begins in the nineteenth century with the repression
of "idlers and vagabonds". It is therefore immediately clear that it is
not so much a matter of punishing an action but of sanctioning a conduct
or a lifestyle choice.
These measures obviously had widespread diffusion in the years of
historical fascism, when their character as an instrument aimed at
attacking political opponents was accentuated.
With the birth of the Italian Republic little changed, laws followed one
another and preventive measures remained, until they were actually
incorporated into the so-called Anti-Mafia Code in 2011; there the
recipients of the oral warning are indicated, very generally, as "those
who must be considered, on the basis of factual elements, habitually
engaged in criminal trafficking; those who, due to their conduct and
standard of living, must be considered, on the basis of factual
elements, to habitually live, even in part, with the proceeds of
criminal activities; those who for their behavior must be considered, on
the basis of factual elements, including repeated violations of the
compulsory departure notice referred to in Article 2, as well as the
prohibitions on frequenting certain places provided for by current
legislation which are dedicated to the commission of crimes that offend
or endanger the physical or moral integrity of minors, health, safety or
public tranquility".
The use of this instrument, so evidently and largely discretionary, has
been increased to the point that even the Constitutional Court -
transposing a ruling from the European Court of Human Rights - has
attempted to put a stop to it by objecting to various aspects of
unconstitutionality.
In the political sphere, administrative law increasingly adds to - if
not replaces - criminal law as a repressive instrument.
Among all, the oral warning is perhaps the most "simple" and
"economical" measure, clearly and solely aimed at threatening and
intimidating the most active companions.
Furthermore, being an administrative act, it shifts the burden of proof
onto the affected person and the possibilities of defending oneself are
much lower than in criminal proceedings. To this it must necessarily be
added that administrative law does not contemplate, unlike criminal law,
the institution of free legal aid, in the wake of an increasingly
class-based so-called justice system.
For all these reasons, preventive measures are used more and more often
against the militants of the various areas of the movement: in our
region alone this is the fifth warning in the space of a few weeks, to
which are added various dismissals and dozens of complaints, arrived
even following very minor incidents.
And it matters little if these complaints very often end - fortunately -
in acquittals or no places to prosecute: in the meantime, comrades have
been kept out of action for years and the collective realities have to
invest considerable forces to defend themselves from repression and to
raise funds for the legal fees.
We know that, when we fight outside and against the institutions,
repression comes; but it is obvious how the level of repression is
constantly rising, calling into question with each passing day the
spaces of political and social usability for everyone. Now any episode,
even the smallest, is pursued with fury, with contempt both for ridicule
and for the squandering of public resources constantly stolen for much
more useful purposes.
Even the notice sent to our companion would be laughable if we were in a
candid camera: it is based on a couple of convictions dating back to
over twenty years ago and on alleged violations to be ascertained in a
trial that has just begun, despite the certainty of right.
The intent is very clear: to silence all those realities that do not
want to see our city reduced to a playground for tourists, at the
expense of the environment and the living conditions of the working classes.
Even if resignation and delegation are still majority realities in our
society, the institutions fear that, with the worsening of the social
and environmental crisis, the contradictions are destined to explode
sooner or later.
Faced with scenarios of increasingly devastating wars, in a world where
ecological catastrophe looms and the rich are getting richer while
resources are running out, we firmly believe that rebelling is not only
right, but essential to try to reverse the trend.
It is necessary to reject any attempt to criminalize and isolate
comrades affected by repression, expanding the social networks of
struggle, multiplying the spaces for self-management and supporting all
the collective self-defense structures that the movements have established.
In this sense we appeal to support the Anti-repression Fund, a
transversal organization that here in the city provides concrete support
for the coverage of legal expenses.
We give our full solidarity to our comrade and to all those who are
suffering judicial and police persecution. You are not alone*, we are
not alone*!
Germinal Anarchist Group
Trieste, 20 June 2024
germinalts.noblogs.org
Posted in General | Leave a comment
ttps://germinalts.noblogs.org/post/2024/06/20/avviso-orale-ad-un-compagno-uomo-avvisato-mezzo/
_________________________________________
A - I N F O S N E W S S E R V I C E
By, For, and About Anarchists
Send news reports to A-infos-en mailing list
A-infos-en@ainfos.ca
measure. ---- The oral warning is a preventive measure - or rather -
preparatory to the application of preventive measures such as the
expulsion order or special surveillance. Furthermore, the provision may
entail prescriptions or prohibitions, such as the withdrawal of the
driving license or the ban on frequenting certain places or people. ----
The history of preventive measures, i.e. imposed not following a
specific sentence, begins in the nineteenth century with the repression
of "idlers and vagabonds". It is therefore immediately clear that it is
not so much a matter of punishing an action but of sanctioning a conduct
or a lifestyle choice.
These measures obviously had widespread diffusion in the years of
historical fascism, when their character as an instrument aimed at
attacking political opponents was accentuated.
With the birth of the Italian Republic little changed, laws followed one
another and preventive measures remained, until they were actually
incorporated into the so-called Anti-Mafia Code in 2011; there the
recipients of the oral warning are indicated, very generally, as "those
who must be considered, on the basis of factual elements, habitually
engaged in criminal trafficking; those who, due to their conduct and
standard of living, must be considered, on the basis of factual
elements, to habitually live, even in part, with the proceeds of
criminal activities; those who for their behavior must be considered, on
the basis of factual elements, including repeated violations of the
compulsory departure notice referred to in Article 2, as well as the
prohibitions on frequenting certain places provided for by current
legislation which are dedicated to the commission of crimes that offend
or endanger the physical or moral integrity of minors, health, safety or
public tranquility".
The use of this instrument, so evidently and largely discretionary, has
been increased to the point that even the Constitutional Court -
transposing a ruling from the European Court of Human Rights - has
attempted to put a stop to it by objecting to various aspects of
unconstitutionality.
In the political sphere, administrative law increasingly adds to - if
not replaces - criminal law as a repressive instrument.
Among all, the oral warning is perhaps the most "simple" and
"economical" measure, clearly and solely aimed at threatening and
intimidating the most active companions.
Furthermore, being an administrative act, it shifts the burden of proof
onto the affected person and the possibilities of defending oneself are
much lower than in criminal proceedings. To this it must necessarily be
added that administrative law does not contemplate, unlike criminal law,
the institution of free legal aid, in the wake of an increasingly
class-based so-called justice system.
For all these reasons, preventive measures are used more and more often
against the militants of the various areas of the movement: in our
region alone this is the fifth warning in the space of a few weeks, to
which are added various dismissals and dozens of complaints, arrived
even following very minor incidents.
And it matters little if these complaints very often end - fortunately -
in acquittals or no places to prosecute: in the meantime, comrades have
been kept out of action for years and the collective realities have to
invest considerable forces to defend themselves from repression and to
raise funds for the legal fees.
We know that, when we fight outside and against the institutions,
repression comes; but it is obvious how the level of repression is
constantly rising, calling into question with each passing day the
spaces of political and social usability for everyone. Now any episode,
even the smallest, is pursued with fury, with contempt both for ridicule
and for the squandering of public resources constantly stolen for much
more useful purposes.
Even the notice sent to our companion would be laughable if we were in a
candid camera: it is based on a couple of convictions dating back to
over twenty years ago and on alleged violations to be ascertained in a
trial that has just begun, despite the certainty of right.
The intent is very clear: to silence all those realities that do not
want to see our city reduced to a playground for tourists, at the
expense of the environment and the living conditions of the working classes.
Even if resignation and delegation are still majority realities in our
society, the institutions fear that, with the worsening of the social
and environmental crisis, the contradictions are destined to explode
sooner or later.
Faced with scenarios of increasingly devastating wars, in a world where
ecological catastrophe looms and the rich are getting richer while
resources are running out, we firmly believe that rebelling is not only
right, but essential to try to reverse the trend.
It is necessary to reject any attempt to criminalize and isolate
comrades affected by repression, expanding the social networks of
struggle, multiplying the spaces for self-management and supporting all
the collective self-defense structures that the movements have established.
In this sense we appeal to support the Anti-repression Fund, a
transversal organization that here in the city provides concrete support
for the coverage of legal expenses.
We give our full solidarity to our comrade and to all those who are
suffering judicial and police persecution. You are not alone*, we are
not alone*!
Germinal Anarchist Group
Trieste, 20 June 2024
germinalts.noblogs.org
Posted in General | Leave a comment
ttps://germinalts.noblogs.org/post/2024/06/20/avviso-orale-ad-un-compagno-uomo-avvisato-mezzo/
_________________________________________
A - I N F O S N E W S S E R V I C E
By, For, and About Anarchists
Send news reports to A-infos-en mailing list
A-infos-en@ainfos.ca
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