After a year and four months of parliamentary work, the Government has
jumped the gun and decided to pass a decree law with the provisionscontained in the infamous liberticidal bill 1660/1236, net of some
adjustments. ---- The stalemate was created when the Senate sent the
bill back to the Chamber for third reading because there was a lack of
financial coverage for some measures. The mess risked further
lengthening the approval times in Parliament and giving breath to the
protest movement, which has set up many initiatives to combat this in
many parts of the peninsula.
The Government has therefore decided to act imperiously with the
instrument of the decree law that is directly issued by it. This is not
a new tool, given that almost all of the increasingly repressive
measures issued in recent decades have seen the light in this way: just
think of the Pisanu decree, the Maroni decree, the Minniti decree, the
Salvini decrees 1 and 2.
Moreover, this Government has already made extensive use of it since it
has held the reins of the country, issuing several in matters of
security and public order: from the anti-rave decree to the Caivano
decree, passing through Cutro. In other matters it is no less, given
that to date there are just under a hundred of them, a real record!
The necessary requirement of necessity and urgency always exists, in a
country that has made emergency a technique of government. This time
too, the urgency is promptly identified in the need to protect the police.
As we were saying, the original populist and profoundly authoritarian
security system remains substantially unchanged. At the time of writing,
press sources report that only a few articles that were the subject of
the observations of the Head of State have changed because they are
considered unconstitutional. I am reporting what is known at the moment,
pending the final text.
The rule that punished passive resistance in prison has changed in order
to configure the crime of revolt. Only those who do not obey orders
given for "the maintenance of order and security" in prison can be
convicted. The crime of revolt will not be configurable in reception
centers, but only in CPRs.
The obligation for public bodies and universities to collaborate with
the secret services to provide them with information has fallen, the
option remains.
It will be possible to sell a SIM to a migrant without a residence
document but in possession of an identity card or passport.
The aggravating circumstance of resistance to a public official
committed by those who protest to prevent the construction of public
works or strategic infrastructures has changed slightly. It should be
noted that it will apply to transportation, telecommunications, energy
or other public services (sic!).
The rules that increase repression against activists, recognize greater
protection for the police, prohibit light cannabis remain; the infamous
article renamed the terrorism of the word remains, the increase in
punishment for resisting a public official, the crime of occupying
someone else's property, the total re-criminalization of the roadblock,
the ability of undercover agents to direct and organize terrorist and
subversive associations, the abolition of the obligation to postpone the
sentence for pregnant women or mothers of children younger than one
year: they too, therefore, from now on can end up in prison. The
increase in the period that the state has to revoke citizenship for
certain crimes, the extension of the urban DASPO and the increase in
punishment for damage and defacement committed during demonstrations,
the incitement of prisoners to disobey the laws and the ability of
security agents to carry another weapon without a license when not on
duty also remain.
With the publication in the official gazette, the text immediately comes
into force and will be converted into law within the following 60 days.
This is the time we have left to continue the ongoing campaign against
the definitive launch of yet another repressive instrument. It is up to
us to use it to the best of our ability by spreading the state of
agitation as much as possible.
Antonio Mancino - Avvocato in Imola
https://umanitanova.org/lurgenza-della-repressione-decreto-sicurezza/
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