I barely read the pangs 50 motivation pages of the report of the Court of Catania (“Ministerial crimes” section) sent to the Senate of the Republic to obtain authorization to proceed against Minister Matteo Salvini for the crime of kidnapping in relation to the well-known case of the "Diciotti" ship. I read them with difficulty due to growing indignation and disappointment.
All three judges (randomly) registered with the “Democratic Judiciary” (notoriously a real political movement), are produced in a long dissertation of rules of general and conventional international law which clearly demonstrates the instrumental use of the rules themselves on an interpretative level.
As well as the instrumental understanding of the facts of the case.
Omitting specific comments on the very singular considerations of the three judges, these essentially arrogate to themselves powers of evaluation and political decision belonging exclusively to the Authority, precisely, politics. That is, they belong exclusively to the Minister of the Interior Matteo Salvini. And they do this with the aim of excluding, among other things, the exemption of the art. 51 c.p. despite law no. 121 of the 1982 indicates the Minister of the Interior as "responsible for the protection of public order and security and is the national public security authority. Coordinates the tasks and activities of the police force by exercising the function of directing public order and security services".
This means that in order to formulate the accusation, the three judges intend to deprive the Minister of his power to exercise a right or fulfill a duty!!!
But what's worse is that, as said, the three judges claim to evaluate the needs of public order and public security, as well as evaluating whether the contacts at European level took place in the days since 20 al 25 August 2018 (duration of the alleged seizure), to find a shared solution, justified the Minister's political decision or not.
Here we are at the usurpation of powers, to the distortion of the rule of law, to the denial of rights and freedoms, as well as the authority of the State in its configuration of distribution of powers.
Montesquieu turns in his grave with indignation.
The "report" to the Senate by the three judges which first abusively qualifies the interested parties as "migrants" and then modestly as "non-regular foreigners" or "irregular immigrants", confirms a fact of experience and that is that judicial measures can be motivated in one way or another in view of a preconceived conviction or preordained conviction. Due to my previous experience as a PM and judge I can attest to this.
To a good extent, according to the three judges of Catania anyone heading by sea towards the Italian coast has the right to a "place of safety" (POS) and the Minister of the Interior has the obligation to indicate it immediately. And anyone, although undocumented and unidentified, has the right to enter the territory of the State.
Gentlemen, it is the legalized invasion, permitted and desired. It is the denial of the sovereignty and independence of the State. It is the abolition of borders!
There was already the precedent of the eccentric Chief of General Staff of Defense Ezio Vecciarelli who announced the substantial non-existence of the borders of the State.
So, Immigration policy is now made by judges!!!
There would be too much to say on the point of law (come, for example, the fact that the Montego Bay Convention on the Law of the Sea does not affect the power of the coastal state to allow or deny entry to foreign subjects, even more so if they lack identification documents and are therefore irregular), as the young and talented colleague Prof. observed. Daniele Trabucco.
The ships of our Coast Guard, so, not only do they have the obligation to "save" fake castaways or real castaways in any maritime area (and for the latter certainly the obligation to rescue does not know whether, born my, neither where nor when, but rather immediately), but they would also have the obligation to bring everyone and anyone to Italy!!! And only in Italy! But the Commander of the Italian Coast Guard also had his say in this regard.
The objective is to "hit" Minister Matteo Salvini as an obstacle to a preordained project of disintegration of the State and upheaval of the civil community.
All this despite the Chief Prosecutor of Catania Carmelo Zuccaro having correctly requested the dismissal of the proceedings. And it appears none other than Doctor Carmelo Zuccaro, who already has great experience in the field, is less "good" or less "perceptive" than the three judges who authored this masterpiece of migration policy.
The word now goes to the Senate of the Republic which will certainly deny the authorization to proceed but this certainty does not exempt us from the duty to demonstrate appreciation and sharing towards the Minister Matteo Salvini, but also defense.
Because this is the duty of true Italian citizens: defend the Minister of the Interior Matteo Salvini in every way.”
*AUGUSTO SINAGRA – Born in Catania on 18 August 1941, he graduated in Law in Palermo in 1962. He has been a Magistrate since 1965 al 1980, leaving the Judiciary with the title of Counselor of the Court of Appeal. Dal 1971 al 1980 he was a legal advisor at the Diplomatic Litigation Service of the Italian Ministry of Foreign Affairs, participating in numerous international conferences and meetings in Italy and abroad. In 1967–1968 he was an officer in the Italian Air Force. Dal 1980 he is a full professor of International Law.
He lives in Rome and works as a lawyer. Previously he taught at the Universities of Rome, Trieste, Genova, Chieti, Palermo and Roma Tre.
He was a permanent teacher at the Higher School of Public Administration of the Presidency of the Council of Ministers, as well as a lecturer in numerous foreign universities in Europe, Middle East and South America.
He is the permanent representative of the Turkish Republic of Northern Cyprus in Italy. He is the author of monographs on international law and organisation, as well as numerous essays and articles appearing in Italian and foreign magazines. He is director of the Journal of International Legal Cooperation, quarterly on law and international relations".
source – http://www.imolaoggi.it/2019/01/26/prof-sinagra-difendere-salvini-non-e-una-scelta-politica-ma-un-dovere-civile/