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(en) Italy, Summary of Marini trial adjournment: February 23rd

From leila tlon <leila_tlon@yahoo.com>
Date Mon, 28 Feb 2000 06:15:53 -0500


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Below is a rough translation of a summary that I got
from the CDA web site (Comittee for the Defense of
Anarchists) at <www.ecn.org/zero/cda.index.htm>.
Marini sums up his case against 53 anarchists for
armed band and subversive assotiation. The defense
will present its case the 4th to 7th of March. There a
few phrases I left in Italian and other parts that are
rough (Maybe one of you Italians could help?). The
Italian version is at:
<www.ecn..org/26feb00/marini.html>

Wednesday February 23

Adjournment of the Marini trial

The address by the prosecutor is finally over and with
it we have the request for the sentences. Marini first
concluded this address by talking about the Milano
incident, then he spoke of the general activities of
the organization, its political personality, of the
danger of anarchist ideas (of these anarchists) then
he gave the list of requested sentences.

The documentation found during the investigation,
according to the accusations, was that it was the
intention of the organization to commit the crimes,
the shining example found in numerous copies of the
"Manual of the explosiv(ist) anarchist" whose
introduction states in bold letters that "destruction
is the summit of anarchist thought". To complete the
picture of the destructive plot the falsification of
the casa editrice and of the (really nonexistent)
place of the press, the common element of subversive
virulence in confiscated manifestos emerges (the
manifestos against Marini all over Italy, those
against Vigna, the dossier about the trial in Trento).

Also, remember the other material which Marini
confiscated which describes-a demonstration of the
progressive dangerousness of the anarchist thought of
this band- the polemics and the attacks on the FAI,
extracts of the deposition of Alfredo Bonanno ("We
don't want to change the state, we want to overthrow
it." as Marini sums up) The P.M. continues saying that
"these people don't talk chatter, we have found the
use of the directions of the aforementioned manual in
the crimes upon the barracks of Euroforce in Florence,
claimed in letters written by normografo and sent to
Radio Populare as had been done in Milano for the
attacks on Marini Palace (he quotes the anarchist
Patrizia Cadeddu who has been condemned to 5 years and
convicted for having delivered the letter).

He remembers the courtroom declaration of Stasi and
Garagin who announced that they belong to an armed
anarchist organization and then launched into Pindaric
flights ideologically connecting the ascribed to the
other extremists that were tried (the trial of the 7th
of April), they fanatically interpret the dreams of
others, meanwhile they would kill (remember Giudo,
Rossa, the Moro case).  He laments the ideological
garbage of "these anarchists" by (not) accepting the
democratic method of dialogue, syndicalism, del
sociale (the social order?), he remembers the season
"that made us cry" of the 70s, evoked to recite a
rhetorical hope so that you others won't be ready to
"receive these invitations of death." 

Then one enters into the heart of the trial: Marini
explains how he had proceeded to elaborate the inquest
by dividing the accused into 2 blocks, those who are
engaged in apparently legal activity and those who are
engaged in clandestine activity (naturally he
immediately added that no one could guarantee that
those who appeared in the first had never had any
connection to clandestine activity, on the contrary). 
This is the heart of the inquest, of the trial, why
the charge explains in evident terms what is
understood as subversive association, how it is
possible to be investigated for subversive
association.

Then he continued with a "mea culpa" for not having
insisted on finding proof in investigation Silvano and
Baleno ("maybe it wouldn't have ended up that way
now...") No comment.

The theory: subversive association and armed band are
permanent crimes, always existent. He laments the
release of the arrested due to procedural errors,
another element that in his view concurs with the
continuing activity of the band, however he has
declared that even in jail the charged have continued
their subversive activities, they have shown the
persistence of the associative link: proof that there
must be a vast correspondence between them and the
members that remain free (he reads excerpts from
several letters, many of which are completely made
up).

In this band there are no leaders, there is no need to
demonstrate the existence of leaders only followers,
this cannot block us from the legal formation of the
penal code.  The fact is, we find ourselves in front
of a criminal progression: the group initially
delineates itself around the idea of bringing down
institutions (subversive association) thus it evolves
following with violent acts perpetrated for subverting
the constituted order ("also against you gentlemen
popular jurors!") so they arm themselves to finance
themselves and finance other crimes (armed band).   

"The group is composed with the tried method of
compartmentalization into two levels: one open and
apparently legal (revolt of propaganda, proselytism,
Social Centers as a recruiting place), the other
hidden and illegal ("Without guarantee that the
members of the first don't si calassero as we have
heard in this courtroom in the celebrated trials of
the 70s, il passamontagna in facia and they also go to
commit robberies."  Calling it simply an informal
organization: doesn't change anything.  Calling it
ORAI, we have here a threatening letter to the poor
doctor of the Torino jail. Calling it AR, does
anything change?  Nothing.  Anarchist organization is
enough.  It is not the slogan that makes substance
change; we don't barricade ourselves behind
misunderstandings.  If the slogan doesn't exist it
doesn't change.  Independently from that which
sustains the associative links. "

Marini explains that this law, created in '79, is
based on the concept of anticipated punibility, the
same type of crime as political conspiracy." This
Article of law-he claims-was born not form the fascist
code Rocco, but from democratic legislature.

Here is the essence of this investigation, this trial:
that which Marini himself said: THE INTENTION IS
ENOUGH	.  Because as anarchists, still using his
words, "you cannot keep actions from following ideas"
and the State cannot stand looking while the declared
violent attack or prepare themselves to make it into
their very structures.   This is the only thing that a
democratic State can't and should not tolerate; the
presumption of danger is enough.

"That which Bonanno and the insurrectionary anarchists
want is this, and it is not necessary that the violent
acts manifest themselves, they don't have to
necessarily assume the worth of the crime: the
political gesture is enough."

This is how much clearer and more sincere the
discussion in the courtroom of the tribunal has been:
according to Marini it is not necessary for an
individual to infringe upon the laws.  It is enough to
write things like those leaflets that he cited from,
those manifestos, those pamphlets, because it's clear
that the authors plainly say in a radical manner-
therefore inevitably destined to lead to a practical
and violent act- their radical contrast with the
constitutional and democratic method. It's enough to
adhere to a similar thesis.   The crime of
participation in a subversive association does not
require a relation with all 'members' nor with every
episode: expression is enough, even without taking
part in or explaining a particular activity.

They are very clear and unequivicable words, not
without their own logic: that of the Reason of the
State. The State can permit anything except that which
could overthrow it.

The request of the Public Minister Marini, is divided
in three groups, those that belong to the armed band,
those who would have promoted, constituted, organized
and participated in the armed band, without division
between leaders, directors, followers etc. The second,
the charged with participation in subversive
association.  The third, those charged with marginal
specific crimes (theft, receiving stolen goods, crimes
that lay outside the political sphere). 

Per motivi di tempo non compaiono, in the first group,
the crimes they are accused of are singular episodes
attributed to the activity of the band, thus robbery,
murder, etc. Let's note that the requests for prison
are relative to the crime of destruction (though it
may be nonexistent, that is the explosion of the
Prenestino with the self bomb which killed the
anarchist De Blasi who was preparing it). The members
of the second group are only charged with the crime of
association.  

Charged with the crime of armed band:

ANDREOZZI 4,8 (4 years, and 8 months)
BERLEMMI 6
BONANNO 14
BUDINI 10
CAMENISCH 8
CAMPO penitentiary + 10 + 6 months of daytime
isolation
CORTEMILIA 4,8
FANTAZZINI 8
GIZZO 8
GARAGIN penitentiary + 30 + 1,6 months of daytime
isolation 
GUGLIARA 4,8
LO FORTE 4,8
LO VECCHIO 30
MANTELLI 10
MONREALE 5
NAMSETCHI 2,6
NANO 10
PORCU F. penitentiary + 30 + 1,6 months of daytime
isolation
RICCOBONO 8
RUBERTO 30
SASSOSI 8
SCROCCO penitentiary + 30 + 1,6 months of daytime
isolation
SFORZA A. 18
SFORZA F. 3
SFORZA M. 3
STASI 10
STRATIGOPULOS 8
TESSERI 10
TZIOUTZIA 8
WEIR 8
for all of the above the increased charge of 'purpose
of terrorism' is added .

Participation in subversive association:
ANZOINO 2,6
AVENALE 1,6
BENIAMINO 1,6
CAVALLERI 3
COSPITO 3
DE PASCALI 1,6
DI MARCA 1,6
FRISETTI 2,6
MASCHIETTO 1,6
PALAMARA 3,6
PORCU P. 3
RANERI 1,6
SCAPUZZO 1,6
SCOPPETTA 3
SFORZA R. 1,6
SGARAMELLA 1,6
For all of the above have the increased charge of
'purpose of terrorism' is added.

Charged with specific crimes:
DI FAZIO 3
FALCO 4,8
FONTE 4
MAROTTA 3,6
MARTINO 4,6
PIO 8 months
RICCI 3,6

These are the requests. In the next hearing that
precedes the decision of the court the defense will
intervene (the lawyer Calia will intervene), it will
be from the 4th to 7th of March, also in the bunker of
the Foro Italico di Roma.



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