NOTES ON THE ITALIC INSTITUTIONS AND HISTORY,
AND ON SOMETHING ELSE
This is the Italian Constitution in English as translated on the site of the Italian Senate:
http://www.senato.it/documenti/repository/istituzione/costituzione_inglese.pdf
I’ll quote from it, with some comments when the Senate translation is not, in my opinion, particularly reliable.
A FEW WORDS ON THE ITALIC HISTORY
The Kingdom of Italy was created in 1861 on British decision and initiative. It was the outcome of a subversive-terrorist operation organised in London. The previous States, or territories of external States existing on the Italic Peninsula, were progressively destroyed and given to a francophone kingdom, called Kingdom of Sardinia and ruled from the House of Savoy. In 1860-61, the Kingdom of the South, so-called of the Two Sicilies with capital in Naples, large part of the Papal State, the Grand Duchy of Tuscany and some minor entity were liquidated. The annexation of remaining Austria territories in the North-East and of Rome will take some time more (1866 and 1870). Anyway, with the year 1861, the formal Kingdom of Italy, under the Savoy Royal House and dependent from London and, in a subordinated way, from Paris, is formally created. Its capital was Turin, from 1861 until 1865. Florence replaced it from 1865 until 1871. The economy of the South, included a promising industrialisation in Naples and other areas, was destroyed with the excuse of liberalist policies. London wanted an underdevelopmental State in the middle of the Mediterranean, strong only in internal repression.
This is a synthesis from Wikipedia:
“The Kingdom of Italy (Italian: Regno d'Italia) was a state forged in 1861 by the unification of Italy under the influence of the Kingdom of Sardinia which is its legal predecessor State, and with the decisive help of France and the United Kingdom. It existed until 1946 when the Italians opted for a republican constitution.”
http://en.wikipedia.org/wiki/Kingdom_of_Italy_(1861%E2%80%931946)
The King of Italy, his family, his people of the previous “Kingdom of Sardinia” currently spoke old French, not Italian. The “Kingdom of Sardinia”, of which Sardinia was actually the colonial area providing soldiers (officers were from Piedmont), was in part in Italy and in part in France. With the creation of the Kingdom of Italy, the French side (Savoy and Nice) of this Savoy initial Kingdom was given, not without English very strong disappointment, to France as reward for its help.
Italy became a single State, not since a revolutionary war or wars, neither since a simple military, or fiscal, or other occupation or expansion from an Italic “Prussia”. The Italic peninsula was occupied from the Savoy army after some wars with decisive French support and after a terrorist operation organised in London for destroying the Southern Kingdom, the Kingdom of the Two Sicilies, under Bourbons’ rule. If one reads the Parliamentary acts of the British Parliament during the 1860-61 italic operation, one finds the climate of one of the usual British terrorist operation. The British Intelligence Service’s BinLaden of those times was Giuseppe Mazzini (1805-1872), from Genoa, exiled resident in London where he worked as international terrorist at British service. The Savoy Kingdom had obliged the republican Mazzini to escape to London. The British Intelligence Service used him for making the House of Savoy ruler of Italy. Operational “general” on the field, for the terrorist expedition to the South, was Giuseppe Garibaldi (1807-1882), born in Nice (France). Nice will belong to the Kingdom of Sardinia from 1814 until 1860.
Since the House of Savoy betrayed London in 1940, it was liquidated after the war. The formal results of the 1946 institutional referendum were contested, doubtful, with evident massive frauds. Anyway the ex-Soviet citizen Palmiro Togliatti, then Justice Minister, transported from Soviet Union to Italy in 1944 from the British and U.S. secret services as one of the key tutors (with his “new” Communist Party created with funds and real estates provided from the Allies occupiers), of their “new” order, ordered the ballot bulletins were immediately burned. Carabinieri officers (of the same corps had pushed Mussolini into an ambulance in occasion of the 25 July 1943 pro-British&American and pro-Vatican monarchist coup d’Etat) pushed the Savoy family on an aeroplane for Portugal even before the referendum results were officially announced. It was the DC [Christian Democracy] and PCI [Italian Communist Party] “republican” coup d’Etat on British and American orders, with Carabinieri as main executors.
From 1871, the Quirinale Palace hosted the King. From 1946, it will host the President of the Republic.
ALL the “Bourbons” “mafia”, “fascist” and “leftist” subversions, massacres, destabilisations, “terrorisms” will be directly managed, from 1861 from Carabinieri at the orders of the Head of the State [and its offices] and with at least the agreement of the centre of the British Empire and, later, also of the USA. International and internal relations work in this way, not according propaganda tales for naive or indifferent populace.
Until 1946, praetorians of the monarchy, from 1946 the Carabinieri will become the praetorians of a Presidents of the Republic guarantor of the British and U.S. domination on the Italian Republic. They supervise the Armed Forces and the various police and secret police services.
THE LEGAL ACTION OVER ALL CRIMES IS CONSTITUTIONALLY COMPULSORY ...BUT NOT FOR THESE STATE CRIMES
According the article 112 of the Italian Constitution: “The public prosecutor has the obligation to institute criminal proceedings.”
[Art. 112. Il pubblico ministero ha l’obbligo di esercitare l’azione penale.]
It seems to me that this translation give a weak message of what actually the Constitution states on this point. Article 112 of the Constitution states that, received the news or aware about a possible crime, prosecutors have the duty to carry on investigations on ALL crimes and prosecute suspects just they are identified. In fact, when there are not or not yet suspects, dossiers are opened “against unknown people”. Legal actions and prosecutions are not discretionary. They are compulsory.
Since such Constitutional norm is a funny masquerade, in practice, just received the news of a possible crime, prosecutors have the formal duty to immediately open a formal proceeding. They must open a file, a dossier, and request investigations. Since the quantity of crimes, “investigations” means that some police officers certifies that who has signed a denunciation really exists and the case is later closed. Since government had no control on prosecutors, no judicial policies are possible. Prosecutors are under the control of Secret Police bureaux at the orders of the President of the Republic and/or of other very powerful power networks. Careers of prosecutors, judges and Carabinieri, police and fiscal police officers are not built on prosecuting crimes and criminals but in conquering the media’s front pages with unanimous appreciation, alias without the opposition of any relevant power’s centre. Political prosecutions, “scandals” and political purges are the best ways for building successful careers. It is what “the system” pretends. “Emergencies” [“mafia”, “terrorism”, “foreign criminality”], crises, are constantly created and prolonged just for justifying the extension of military, police and judicial or para-judicial apparatuses and powers. Evidently, it is not an Italic oddness, because there are politological theories about this practice of the “state of emergency”
The Constitutional “compulsory penal action” means high arbitrariness outside any formal democratic control. London and Washington can give orders to prosecutors, through the Presidency of the Republic. Formal governments cannot. Giulio Andreotti, a Statesman or ex-Statesman but never a President, could but because he controlled some Carabinieri Secret Police bureaux. Not casually, in occasion of the 1992-1993 coup d’État, the Great Purge with cleansing of the whole post-WWII political system, there was an intensive fight of the Presidency of the Republic (and its prosecutors and Secret Police bureaux) against the Andreotti’s Carabinieri Secret Police bureaux and the same Andreotti was prosecuted. His strength at “military” level saw him finally acquitted, not some abstract imaginary “law” or personal “innocence”, absolutely irrelevant in occasion of Great Purges/political_cleansings. The same Pope Wojtyła against whom the Andreotti’s Carabinieri Secret Police bureaux had organised the 13 May 1981 San Pietro shooting-attempted_assassination [no killer can come from a Turkish prison to San Peter’s Place, if not in the contest of some operation with NATO at least cover, with relative deceptions at media and judicial level] was obliged to publicly defend Andreotti. While the Secret Police bureaux of a Presidency of the Republic took over from his mortal enemies were acting against him with their prosecutors, Andreotti continued to be recognised as a Statesman from Arabic countries, fractions of military apparatuses, Roman Curia etc. We have no preferences, no sympathies and no antipathies. These notes, here, are just an attempt to illustrate what this odd article 112 actually masks.
The article 109 of the Constitution states: “The legal authorities have direct use of the judicial police.” [Art. 109. L’autorità giudiziaria dispone direttamente della polizia giudiziaria. // “The judiciary directly dispose of the judicial police.”]. In practice, since there is NOT a corps called “judicial police”, the different police and para-police forces [State Police of the Interior Ministry, Carabinieri of the Defence and Interior Ministry at the same time, and Fiscal Police (a military corps of the Finance Ministry)] provide prosecutors with officers for investigations. Actually, according some “divine” will, a prosecutor may be let without “judicial police” officers or provided with hundreds of “police” and secret police officers.
Anyway, this legal frame is empty words. Since all the crimes cannot be investigate, finally prosecutors do whatever they want. Since prosecutors are de facto poor, although very well paid, men and women sitting in offices, they obey what real powers order. Real institutional powers are only Carabinieri at the orders of the President/Presidency of the Repubblic. They put “evidence” under the nose of prosecutors. They suggest prosecutors to open or not to open prosecutions. Will see that, since the Constitutional and legal frame, the President of the Republic has de facto dictatorial powers on magistracy. When a prosecutor or a judge want to do what he/she wants, he/she is removed and/or killed. “Mafias” and terrorist groups are Carabinieri’s parallel militias. They are mobilised when real powers need to liquidate some prosecutor and judge cannot be stopped in any other way, or also when some clamorous liquidation is judged necessary. These are basic techniques of stabilising destabilisation used in whatever western State. However, where there are real ruling classes [in Italy there are not], these matters and other matters are generally settled in a more silent and discrete way. Generally, not always. Sometimes also the ruling classes of the British and of the U.S. Empires need clamorous events for justifying what they judge not justifiable without some clamorous event.
Although this legal frame be empty words, there is always the formal obligation of opening a judicial case, letting it sleeping and closing it for “irrelevance or absence of evidence”. It is also useful, for State bureaucracies, for the judiciary in this case, for showing a great quantity of work in their statistical summaries. Even for each one of the hundred thousand anonymous denunciations they receive each year, they open a judicial case and later they generally close it without any investigation. Each one is a “solved case” for their statistical summaries.
Since the judicial machine, overall prosecutors and judges formally checking the prosecutors’ actions [GIP&GUP, Judges for Preliminary Investigations & Judges of the Preliminary Hearing], giving or not giving cover to prosecutors’ acts and decisions, are under the control of the Carabinieri of the Presidency of the Repubblic, firstly of the Secret Police bureaux of the Presidency of the Republic, de facto there is no Constitutional “mandatory prosecution” overall when there are crimes of Carabinieri’s Secret Police bureaux. We’ll see below that there is a precise Constitutional frame for this dictatorship of the President of the Republic on magistracy, overall on the prosecutions’ and prosecutors’ “machine”. Bureaucracies always have a [eventually perverted and irrational] “rationality”. Bureaucracies are basically composed of sometimes potential other times real criminals variously insane wanting to be deresponsibilized if and when they commit crimes, that also at the top levels. “Bureaucratic” criminals, Statesmen, institutions, want to be deresponsibilized by legal cover and by the fragmentation and diffusion of the responsibilities of their crimes. So, the dictatorship of the Presidency of the Republic over the prosecutors’ “machine”, and also on its Carabinieri’s Secret Police bureaux, has a precise institutional frame, partially in the formal Constitution, partially in the material one. We’ll see it in a while.
My case is public now since a long time. Carabinieri, police services, journalists and politicians check daily this site [ http://forum.radicali.it/forums/forum/il-forum-della-community-di-radicaliit ], which is the site, open to everybody, of a very small but very well known political party [ http://www.radicali.it ], a political party of Quirinale [Presidency of the Republic] and Carabinieri Secret Police bureaux area.
Since I accuse directly various institutions and people and with abundance of details, names, addresses, etc,... Ah, there was even the responsible of another website www.neteditor.it who, perhaps 3 years ago [he wrote that as comment to one of mine piece of writing], went to a Carabinieri station for a formal denunciation against somebody [me] was “slandering” them [usual details about white torture and social lynching reported in “novels”]. One or more investigations and prosecutions would have been Constitutional duty. Although heavily denounced from me, Carabinieri did nothing at judicial level. As well as no Prosecution office did anything, at least for what I know. I have NOT even been removed from that literary site [ www.neteditor.it ]. There is a copy of it in http://rukacs.blogspot.com . My writings against them are continuing to be there.
Ah, no, Carabinieri did something, in addition to the usual demolition operation [social lynching and white torture]. They, illegally and anti-Constitutionally, have blocked whatever judicial initiative “against” me, and against themselves, because it is everything true and they cannot afford any public trial, or similar, “against” me, alias on THEIR crimes, on their persecutions for trying creating internal terrorism. They have fear to alarm their other victims. Periodically, they have to provide the Italic media world with [pseudo-, fake-]“terrorist bands” probably largely invented by this kind of persecutions. They are guilty. I have only denounced their crimes. They needed and need to avoid any “compulsory prosecution”. The writings on that website [ www.neteditor.it & http://rukacs.blogspot.com ] cover only until when I left Taiwan, August 2008. My pieces of writing on http://forum.radicali.it are on the contrary daily and until now.
From September 2008, I have been using exclusively the forum of http://forum.radicali.it for my public denunciations on this case. I had used it also before, naturally.
In addition, what they, in my opinion, have done and are doing, again illegal and anti-Constitutional, is that Carabinieri’s Secret Police bureaux have pressured and are pressuring that political party of their area [ http://www.radicali.it ], whose forum I am using [ http://forum.radicali.it ], for inducing it to close its forum, forum I have abundantly used and I am abundantly using now overall for denouncing their crimes relatively to me. It is the forum of the so-called “Radical [“Libertarian” in proper Italian language translation] Party”. NOT at all a “radical” party in the English meaning, it is a so-called “Gandhian non-violent liberalist-liberal-libertarian party”, or also “Nonviolent Radical Party transnational and transparty” [http://www.radicalparty.org/en ; they use different self-definitions and they even use different names when they run for elections; on the contrary, the sites and their main leader and owner are always the same]. This “Radical [“Libertarian” in proper Italian language, they are not “radicals” in the English meaning] Party” is actually, in my opinion, under the control of Carabinieri’s Secret Police bureaux, also for dirty operations in my opinion. However, what I appreciate very much, its forum [ http://forum.radicali.it ] guarantees a real free speech. There is no censorship, no “moderation”, on its forum. Previously, there was only the condition that one should use one’s own real identity. Now, with the Carabinieri’s Secret Police bureaux pressuring for inducing them to close their forum, in their attempt to dissociate themselves from their own forum and for trying to provoke its self-destruction/collapse, they have even removed the condition of the true personal identity. Again with no “moderation”, no censorship.
Magistracy legally could and ought to intervene, overall in my case because either I have slandered and I am slandering key State institutions (included Parliament which covers these insane criminals of Secret Police bureaux) or these State institutions have committed and are committing very serious insanities and crimes (and since 25 years and more, in these operations for [re]creating and managing internal terrorism; people, formal government consultants for instance, have been killed since these operations with State/“government”-Carabinieri hetero-direction!”; in addition there is the organised persecution of citizen with open violation of whatever legal and human right).
This is NOT a question of free speech. Here there are crimes. Anyway, in Italy, there is NO free speech. People, also of this forum, are called home and intimidated from Carabinieri’s Secret Police bureaux or their militians if they write thing they should not write, in the opinion of Carabinieri’s Secret Police bureaux or their militians. In Italy, institutions and politicians are very reactive. They are always legally denouncing and suiting everybody, even each other, for whatever nonsense. Every day, using threads/arguments of that forum [ http://forum.radicali.it ], I remember to a certain quantity of them their complicity in the State crimes against me I’m denouncing. Nothing happens. Why? Because the Presidency of the Republic, and their insane and criminal Carabinieri’s Secret Police bureaux, cannot afford any “mandatory prosecution”. There are guilty. I’m only denouncing their crimes against me. They know they are guilty. The forum of http://forum.radicali.it is constantly monitored form various police and Secret Police bureaux, from other political parties, from Statesmen and from the media... They don’t even need to click my forum’s arguments. Now, since a couple of years perhaps, I am using a dozen of arguments, daily or each two days, just as a banner. Just one gives a look at the first page of that forum, there is these list of allegations shot into one’s eyes. Slanders, deliria or truth? There is no prosecution... for what I know. There is no investigation. “They” do not need any investigation. “They” know their insanities and crimes. “They” know there are not slanders and there are not deliria, in what I have written.
We will see now why, de facto, but also since the legal frame, the main “police”, de facto controlling the “civilian” police (the State Police), is Carabinieri [Carabineers], an armed force of the Defence Ministry (and of the Interior one at the same time, so de facto uncontrolled and uncontrollable if not from some “divine” will, the Presidency of the Republic ...and the British Monarch).
Previously a corps of the Army, since the year 2000, Carabinieri are an autonomous armed force together with Army, Navy and Air Force. Since the year 2000, the armed forces of the Defence Ministry have four branches: Carabinieri, Army, Navy and Air Force. Since a Carabinieri Regiment is Presidential guard, and since, in Italy, the internal [AISI, ex-SISDE] and external [AISE, ex-SISMI] intelligence services are composed from personnel provided from Carabinieri, Police and Fiscal Police, it is as, in the USA, for example, the Marines, in addition to their military specific duties, patrolled streets as police force, provided the President with his Secret Service, provided the FBI with at least one-third of its officers or were the FBI, provided the CIA with at least one third of its officers or agents, were Military Police of Army, Navy and Air Force, guaranteed the security of prisons, Prosecution Offices, Ministries, etc, were even massively present inside tribunals overall in occasion of political and para-political trials, etc., etc., etc..
THE SAME PRESIDENCY OF THE REPUBLIC DICTATORIALLY CONTROLS THE JUDICIARY AND MILITARY SECRET POLICE BUREAUX
We may see here only the Constitutional frame.
However, one first element to consider is that Italian formal governments changed frequently. Since a couple of decades a bit less frequently, although, just they became a bit more long lasting, there was an increased prosecutors’ action for purging politics from modernising Statesmen/women and politicians. Parliament is renewed at least each 5 years. The President if the Republic is oddly elected for 7 years. He progressively de facto and abusively became (overall during and after the 1992-93 Great Purge) controller of governments and parliaments. This gave and is giving an overwhelming power to the Presidency of the Republic without any democratic control. This is a fact, without any connection with political persecutions and [supposedly] stabilising destabilisations, which there were also before. I tell that for analytic precision, not for a personal convenience relatively to my case, which is indifferent to what just told in this paragraph.
The article 87 of the Constitution states:
“[...]
“The President is the commander-in-chief of the armed forces, shall preside over the Supreme Council of Defence established by law, and shall make declarations of war as have been agreed by Parliament.
“The President shall preside over the High Council of the Judiciary.
“The President may grant pardons and commute punishments.
“[...]”
[Art. 87.
Il Presidente della Repubblica è il capo dello Stato e rappresenta l’unità nazionale.
[...]
Ha il comando delle Forze armate, presiede il Consiglio supremo di difesa costituito secondo la legge, dichiara lo stato di guerra deliberato dalle Camere.
Presiede il Consiglio superiore della magistratura.
Può concedere grazia e commutare le pene.
[...]]
If this being “commander-in-chief of the armed forces” is largely nominal, to be President of the CSM [the High Council of Magistracy, “Judiciary” in the Senate translation] is not at all nominal and it is a key element of the President of the Republic power. If one controls prosecutors, one can incriminate [eventually legally slander, alias liquidate] whoever one wants.
“Judiciary”, of this “High Council of the Judiciary” is a political/deceptive translation, because the word used in Italian is “magistracy [magistratura]”, which, in Italy included judges and prosecutors with, in practice, the same career, the same buildings, the same associations. The CSM (High Council of the Judiciary) [self-]governs all magistrates, alias both judges and prosecutors who are, first of all, magistrates inside the same order, the some “trade unions” etc. Prosecutors have a superior status because they are in daily direct touch with Carabinieri’s Secret Police bureaux of which they are as political commissars or as State/“government” attorneys providing them cover. The acts of the prosecutors are formally controlled from some special sections of judges authorising arrest warrants and the conclusion of a prosecution either with an acquittal of the suspects or by going to trial against them. However, not casually, these offices of judges formally checking prosecutors are, not strangely, subordinated to prosecutors, alias to Carabinieri Secret Police bureaux controlling the judiciary machine. Prosecutor and judges are colleagues. The judge is not independent. Overall in occasion of political purges, prosecutors and judges formally checking them work in absolute harmony and comradeship. Some independence there is something in the case of court judges. There was more judges’ independence during monarchy and before the real creation of the CSM (by a 1958 Act, which finally implemented the Constitution on this point). There was something with the same name since 1907, but totally different and without any real political and institutional power.
The dictatorial control on the President of the Republic on the High Council of the Judiciary (CSM) is absolute. I have carefully examined the regulations of the High Council of the Judiciary (CSM). The President may convoke or not to convoke it, may let it to work or to hamper it from working, may dissolve it and convoke its new elections without any limit and constraint. The President has really an absolute power over the CSM. He can paralyse the CSM until it obeys to his orders.
What is this CSM [“High Council of the Judiciary”]?
The article 105 of the Constitution states:
“The High Council of the Judiciary, in accordance with the regulations of the Judiciary, has jurisdiction for employment, assignments and transfers, promotions and disciplinary measures of judges.”
[Art. 105. Spettano al Consiglio superiore della magistratura, secondo le norme dell’ordinamento giudiziario, le assunzioni, le assegnazioni ed i trasferimenti, le promozioni e i provvedimenti disciplinari nei riguardi dei magistrati.]
It is composed from 2/3 of magistrates elected by the same magistrates and 1/3 designed from Parliament:
“Art. 104
“The Judiciary is a branch that is autonomous and independent of all other powers.
“The High Council of the Judiciary is presided over by the President of the Republic.
“The first president and the general prosecutor of the Court of Cassation are members by right.
“Two thirds of the members are elected by all the ordinary judges belonging to the various categories, and one third are elected by Parliament in joint session from among university professors of law and lawyers with fifteen years of practice.
“The Council elects a vice-president from among those members designated by Parliament.
“Elected members of the Council remain in office for four years and cannot be immediately re-elected.
“They may not, while in office, be registered in professional rolls, nor serve in Parliament or on a Regional Council.”
There is again, in the Senate’s translation, this odd, symptomatic, “judges” instead of “magistrates”. They have to mask the prosecutors’ power, erasing them. They disappear and become “judges”. Prosecutors are perceived as judges, in Italy! They prosecute and sentence..., in the common perception.
The government has no power on magistracy. All the power over it is in the hands of the President of the Republic and his Carabinieri’s Secret Police bureaux.
In Italy, the CSM is current called “third Chamber of the Parliament”. Actually, this CSM is more powerful. De facto, since President of the Republic and his Carabinieri’s Secret Police bureaux leadership, this CSM, with the Magistrates’ Association [a kind of Magistrates’ trade union; it is difficult for a magistrate to survive without joining it], obstructs and destroys governments and parliaments.
The Presidency of the Republic is a crowded bureaucracy of 2’200 people, of whom one half from the military. It costs around 250 million Euros per year. Its only function is to promote and to extend the power of the Presidency of the Republic. Since the coup d’État/Great Purge of 1992-93, and never really terminated, it operate overall through prosecutors, and all the block of power and Secret Police bureaux around them, and could not exist without the leading role of the President of the Republic.
It is a complex bureaucratic system where bureaucratic crimes are systematically covered. When there are super-clandestine operations as the one against me [and also against a lot of other people, although unaware], there are no possible internal relocations.
In case of persecutions, as the crimes of the same CSIS, in collaboration with Italian Carabinieri’s Secret Police bureaux, show, there is not even any possible external relocation until one have Italian passport. Italy is a compradoro pseudo-country where operations of [supposedly] stabilising destabilisation have NATO, and even world, cover and complicity.
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fois [première fois]
Roberto Scaruffi http://scaruffi.blogspot.com http://rukacs.blogspot.com
Everyday of Freedom is an Act of Faith