Tuesday, January 20, 2009

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Bolzaneto was torture, but the offense is not expected

in turmoil

Alessandro Chiappetta

D epositate the reasons for the sentence about the abuse and violence at the barracks during the G8 summit in Genoa. In explaining the reasons for the mild sentences refers to the "lack of evidence of the intentionality of intention", but it also stresses "the absence in our criminal justice system, of a specific crime of torture"

Configuration of crime not covered by Criminal Code. In summary, the bottom line is this. A Bolzaneto 252 people were tortured. The reasons for the sentence this summer had condemned some of the police officers but no convictions specimens that were expected, were announced yesterday, and paint a clear picture on the context and climate in which violations were perpetrated. The testimonies of victims, it says, were "detailed and even conservative," say the judges, however, claiming the need to order "based on criminal conduct outlined, which can not be influenced by the political climate." There are 441 pages that explain why the choices of judges. The tribunal, chaired by Renato De Lucchi spoke one sentence to 15 persons and 30 acquittals, imposing penalties between 5 months and 5 years, well below those required in some way to those who wished the injured parties. The offenses with which the defendants, for various reasons, were abuse of office, domestic violence, false ideological abuse of authority against detainees or arrested, violation of the penitentiary and the Convention for the Protection of Human Rights and Fundamental Freedoms. The reasons for attributing the top show that the responsibility for what happened in the Bolzaneto barracks during the G8 summit in 2001 would have to get proof that the same leaders were present at the facts and they had perfect perception of what was happening. According to the judges as "the specific intent can not only coincide with the awareness of 'unlawful conduct" so that, for the' abuse of office, "proof of intentional fraud requires the attainment of certainty that the will of the 'defendant is precisely oriented to procure from harm. "But this is a moot point, if you think that there are many clues and evidence which prove a kind of ladder of command. Not to mention the famous visit of the then Justice Minister Castelli, contradicted by many but confirmed by the same subject that he said had not noticed any particular violation. Other than the story of the former assistant chief Alessandro Perugini, sentenced to 2 years and 4 months' imprisonment, which the courts had "the sure knowledge of what was happening in the structure ", having himself been an admission that he saw the detainees on his feet, facing the wall at least twice and" failing to spot the problem, "admits to having" both times ordered that those arrested were made to sit '. The former police inspector Anthony Gugliotta prison instead was "responsible to ensure the' order and guarantee the respect of at Bolzaneto 'physical safety and dignity of persons confined in this area," but " has misused the power conferred by allowing the subject to abuse and violence of all kinds, sometimes engaging in person, and contributing with his work in creating a heavy and oppressive climate in which the victims were defenseless and exposed to bullying and violence those who would rather protect the personal safety. "But the most significant aspect of the report of the judges is the lack of emphasis in our criminal justice system, of a specific crime of torture "that" forced the office of the prosecutor to limit the conduct inhuman and degrading treatment (which could certainly bring within the definition of torture adopted in international conventions). "A confession important and decisive interpretation of what happened, a sort of "legal truth" in addition to the historical one, although it is impossible to deliver convictions in this regard. Of course, many contradictions remain. The law of "inhuman and degrading conduct," conduct " who have betrayed their oath of allegiance to the laws of the Italian Republic and the Constitutional Charter, dealt a serious weak point, as well as those who have been victims also to the dignity of the state police forces and prison service and the confidence which these bodies shall enjoy in the community of citizens. "Yet a substantial impunity prevails, either unknown to the identity of those responsible for every single act of harassment, either by the lack of cooperation of the leaders to shed full light. Later, he notes that "in this process, although celebrated in an atmosphere characterized by strong political and ideological opposition is the media that the public were led to Feedback no environmental or ideological orientations, but, of course, individual defendants for specific and well identified criminal conduct attributed to them in their charges, which are the main way by which the judges must never deviate on pain of breach of the other cornerstone of our system of procedural safeguards afforded by Article. 24 of the Constitution. "In recent days the Democratic Party has proposed a package of seven bills to be presented to both Houses, to celebrate the 60th anniversary of the Universal Declaration of Human Rights, of which there is also ' introduction in our penal code the crime of torture.

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