Statements of september 2006
The persecutory campaign against Communists goes on in our country so as throughout Europe. Another time, the magistracy, in this specific case the Republic Attorney of the Tribunal of Bologna, through the public prosecutor Paolo Giovagnoli, bring a new witch hunt against the (new)Italian Communist Party (nPCI). It is a preventive repressive operation that concerns also many comrades of the Committees to Support Resistance â€“ for Communism (CARC), accused to be members of nPCI, and brings us back to the times of Fascism..
So, in the next months from 12 to 40 supposed members of nPCI will risk to be arrested for the charge of subversive association (article 270 bis of the Italian Penal Code). It is a charge born during the Fascist regime and applied by special fascist Tribunals in order to imprison hundreds of Communists and Antifascists (about the political judiciary persecution against the â€œcaravanâ€ for the reconstruction of the Italian communist party and against the nPCI, see the dossier done by the Committee for nPCI Political Prisoner Aid â€“ Paris, here enclosed).
We denounce the magistracyâ€™ campaign for long time carried on to order ofÂ Berlusconiâ€™s gang before and now of the Centre â€“ Left government, against the rebirth of the communist movement in our country. This is the eight enquiry against the â€œcaravanâ€ that since 1980 strongly and resolutely has worked for the rebirth of the communist movement and the construction of a new communist party in our country. All the previous enquiries ended with nonsuit and dismissing judgement.
Paolo Giovagnoli, the zealous persecutor on duty, is already notorious because in Bologna inquired and charged with the associative crime some students, guilty of having reduced the price at refectory. We know he will not stop, and he will try to get the arrests requested, seeing how he formalized the closure of the investigative phase against the supposed members of the nPCI.Â
Today the bourgeoisie openly attacks the popular massesâ€™ rights of expression, association, organization. The bourgeoisieâ€™s â€œsubversiveâ€ trend to systematically violate its same laws is more and more clear.
With the alibi of fighting â€œterrorismâ€ it justifies the persecution of Communists, Anti-imperialists, immigrants, political refugees at national and international level. We are talking of immigrantsâ€™ sequestrations, like that of Abu Omar who was abducted by CIA, here in Italy. Weâ€™re talking of the systematic use of torture, of the practise to annihilate the revolutionary prisoners through the article 41/bis of the Italian Penal Code, of the creation of parallel polices, mass eavesdropping and booking, violation of political refugeesâ€™ statute, blacklists against communist and anti-imperialist organizations.
The attempts within the seat of European Union to prohibit the hammer and sickle symbol and the Lindblad directive approbation by European Council on last 25 January clearly show that bourgeoisie want to criminalize Communism and persecute who practises and works for the rebirth of the communist movement, who struggles for a society with no employers, no more exploitation, misery and war.
In addition, in our country repression accelerates. It is shown in the last months, by the arrests and house searchs against the comrades of Aâ€™ Manca pro Indipendentzia, point of reference of the anti-colonial and anti-imperialist struggle in Sardinia, and the shameful sentence of Milan special Tribunal against Milanese Antifascists, guilty to have attempted to prevent a Nazi-fascist parade in Milan, capital of the Resistance and of the Liberation from Nazi-fascism.
In the last months in Italy many bourgeois people, the so called VIPS, had fallen in magistracyâ€™s toils, or by mistake or because of the internal struggle within bourgeoisie. They are profiteers like Ricucci, corrupted people like Previti, the Berlusconiâ€™s lawyer, abetter of prostitution like the ex king of Italy Vittorio Emanuele, cheater tycoons like Tanzi. They all stayed in prison for few days or, at worst, at house arrests in their luxurious villas. On the contrary, the popular masses and its vanguards, the Communists and the Antifascists, are sentenced to months and years of imprisonment. The bourgeoisieâ€™s justice is the justice of a class that fights tooth and nail to defend his power, his privileges, vices, huge richness amassed through popular massesâ€™ labour and blood.
The persecution against the nPCI is part of the general attack to the civilization and progress conquests the Italian Communists and popular masse have got thanks to the Resistance and the victory upon Nazi-fascism. Itâ€™s part of the subversive and reactionary trend the bourgeoisie adopts attempting to manage the deep economical, political and cultural crisis by which itâ€™s grasped.
To prevent the rebirth of the communist movement and the nPCIâ€™s strengthening is the bourgeoisieâ€™s central task in its war against the popular masses.
We appeal to all the communist, anti-imperialist, anarchist, progressive organizations, the true democrats, the struggle movements and organizations to drive back this campaign of Communism criminalization and Communistsâ€™ persecution.
We invite everybody to publicly express themselves about the enquiry of Giovagnoli, the new Torquemada, against the nPCI, to send their protest by telegram or fax to:
Procura di Bologna, Piazza Trento e Trieste, 401347 Bologna, tel. 051201111, fax 051 201948,
and to send an e-mail to:
To attack Communists means to attack the popular masses and the civilization and progress conquests fruits of the Liberation struggle.
Dossier about (n)PCI's persecution and call for mobilization.
Giuseppe Maj and Giuseppe Czeppel, members of the (new) Italian Communist Party ((n)PCI), have been released from prison respectively on later 22nd and 24th May, after another year of preventive detention in France. Presently, the French Authorities subjected them to a regime of conditional release. They are obliged to present themselves at police stations and are not allowed to leave France. Until now, in France both they underwent on the whole 18 months of preventive detention and 13 months of mandatory residence with no other charge except to have had false documents.
Since seven years (in 1999, 2003, 2006) Maj and Czeppel, together with other supposed (n)PCI's members, are continuously put through judicial inquiries. They are accused of subversive association (art. 270 bis of the Penal Code), first promoted by Attorney's Offices of Rome, of Naples and finally by the one of Bologna.
The young student Angelo d'Arcangeli, sympathizer of the (n)PCI, is as well still subjected to the regime of conditional release in France. He underwent 4 months of preventive detention since 19th July to 19th November 2005.
The measures of control adopted against D'Arcangeli are much more restrictive than those applied against Maj and Czeppel, despite his dossier have no charge, neither the possession of false documents. Such unfounded measures make suppose that French Authorities want to send a clear message to all (n)PCI sympathizers.
Since more than twenty years the Italian Authorities carry out judiciary proceedings against a group working with determination for the reconstruction of the communist party, and against those who were supposed to join it. From now on we shall call this group "caravan" of the (new) Italian Communist Party. This group was born at the end of the seventies and first promoted the National Coordination of Committees against Repression (with the review Il Bollettino) and then, the review Rapporti Sociali and the namesake publishing house in Milan. In 1992 it founded and then carried out the national organization ofÂ the Committees to Support Resistance - for Communism (CARC). In 1999, the Preparatory Commission of the Foundation Congress of the (n)PCI come off from CARC. This political group's continuity is personified by its most known representative, Giuseppe Maj, who since 25 years underwent a continuous and exhausting persecution we resume in the following judicial actions by which the Authorities has tried to eliminate the group and anyhow hinder its activity:
1. Bergamo: 1981 -1987.
In 1981, the Attorney's Office Bergamo accused Giuseppe Maj and two other people of subversive association "aiming to violently establish a social class' dictatorship and to violently subvert the economic and social orders constituted in the Italian State." Only six years later, in autumn 1987, the examining magistrate pronounced an acquittal sentence.
2. Venice: 1985 - 1991
The first inquiry wasn't closed when, in February 1985, the Attorney's Office of Venice made arrest Giuseppe Maj and many other people, continuing with other arrests in the following months, accusing them "of the crime related to the article 270 bis, for having promoted, organized, directed an association aimed to change the legal constitutional order of the republic by violent means." So, all the editorial office of Il Bollettino and the closest collaborators are imprisoned. After long periods of imprisonment (a year, for Giuseppe Maj) and then, of obligation to present themselves to the police and deprivation of passport (two years for Giuseppe Maj), finally, in autumn 1991, all the accused people were acquitted by Venice Court of Assize. Previously the same Court attempted to get rid of the trial sending it to Milan - even before the beginning of the actual trial - because it was immediately and absolutely clear that the crime they were accused of didn't even "subsist".
3. Milan: 1989 - 1990.
Before this sentence, in April 1989, the Attorney's Office of Milan moved with the usual accusation of subversive association, with perquisitions, also in the seat of the publishing house, with orders to be accompanied to the barracks, interrogations, and sequestrations of equipment (following interceptions, tailings, and international requests). Then, in January 1990, the six accused (including Giuseppe Maj) were acquitted by the examining magistrate, because again "the fact didn't subsist."
4. Rome: 1999- 2001.
Slowly absorbed the impact of these dreadful outcomes, in 1999 the Republic Attorney's Office of Rome intervened, this time with a double imputation (articles 270 and 270 bis) "for having clandestinely organized an association named (new) Communist Party, that planned to do violent actions in order to subvert the democratic order." Carabineers and Police carried out even 90 house searches, sequestrating several political documents, computers and informatics material. All the people searched underwent an interrogation, and the Attorney's Office asked for prolonging the deadline of investigations. Finally they asked the GIP [the magistrate for preliminary investigations, N. d. T] another provision of closure, actually delivered on 4th September 2001.
5. Rome 2001 - 2005
Nevertheless, after just a pair of months, the same Attorney's Office asked for and obtained the reopening of investigations against about twenty people already acquitted (including Giuseppe Maj), opening a new prosecution that was concluded just two years later with another closure (17thÂ March 2003). All this was based on Carabineers' and Police's relations registered in other parallel inquiries, surely not new stuff for the investigators. We remind that the group's activity was continuously subjected to investigations by Carabineers and Police, so that in the records of Milanese inquiry (which we talk about below), there were eaves droppings done by Carabineers' special department of Naples, authorized by the judicial authority of that city (within proceedings never communicated to people under investigation), overlapping and interlacing with those done in 1999 by judicial authorities of Rome and Milan.
6. Milan: 1999 -Â 2001
As said above, in 1999 the Attorney's Office of Milan thought it was good to move again, investigating more than hundred people, many of them belonging to the group. The imputation is usual, the article 270 bis, the usual are the tailings, the eaves dropping and other kinds of interceptions, the international requests, and the same is the conclusion: request of closure, enjoined by the magistrate for the preliminary investigations on 22nd October 2001.
7. Paris, Naples, Bologna: 2003 - still in progress.
By then, the multiplication of initiatives and territorial jurisdictions had no limits. So, in June 2003, there were tens of perquisitions in France, Switzerland, and Italy, and a new arrest of Giuseppe Maj, together with Giuseppe Czeppel, this time by French judicial Authority, pressed for it by Italian Attorney's Offices of Naples and Bologna, through the Justice Ministry. That Ministry was then managed in a way that gave rise to all honest peoples' indignation, by Minister Castelli, the Northern League racist arm of Berlusconi's gang. Giuseppe Maj and other people, taking note of the continuous work for disturbing their political activity by Italian investigators, make themselves untraceable.
Nevertheless, Attorney's Office of Naples charged again each one of its investigated with the article 270 bis "as a member of clandestine association named Preparatory Commission of the (new) Italian Communist Party's Foundation Congress". At the same time, the Attorney's Office of Bologna had nothing to charge with, but all the same was asking for perquisitions by request. Both the Attorney's Offices brought into action the magistrates of French Antiterrorism, through the above quoted and notorious Minister Castelli, the same who managed the Persichetti's extradition-sequestration, who impugned the Mitterrand - Craxi agreement of 1985, who sabotaged the mercy for Sofri and Bompressi and refused to ask for the extradition of Abu Omar's abductors.
There were no restrictive measures in Italy, but the French Authorities directly made up themselves for this lack (they were building Europe, weren't they?). So, they arrested Maj and Czeppel, who claimed and confirmed their belonging to the Preparatory Commission with clarity. They are arrested on the pretext of possessing false identity cards, which are necessary for any persecuted people who have to become untraceable in order to exercise the right of political activity sanctioned by Constitution (not by chance particularly hated by the Berlusconi's gang and its accomplices of the Northern League). Incredibly, they were accused to be an "association of criminals with the aim to prepare terrorist actions." So, they were again in jail until Christmas 2003, and then in mandatory residence and even obliged to stay in a specific residence and to present themselves to the police. Meanwhile, the French and Neapolitan investigations were continuing.
But even para-governmental sources (as Perrault, journalist of Le Figaro of Paris and author of the essay GÃ©nÃ©ration Battisti, 2005) insinuated that French Authorities acted only on Italian Authorities' request, waiting for them to be ready for a new direct attack. Maj and Czeppel were again arrested on 26th Maj 2005 and then released respectively on 22nd and 24th May 2006, still under judicial control, as we have told above.
But suddenly the French preliminary inquest (by the Antiterrorism Examining Magistrate M. Gilbert Thiel, of the Paris Court of Great Instance) was hastened and carried out to the end. Clearly, the Attorney's Office of Bologna was ready to take over the management of the persecution from French magistrates.
8. Bologna: September 2003Â still in progress
In fact, despite having no proceedings against Giuseppe Maj, nevertheless the Attorney's Office of Bologna (Attorney's Assistant Paolo Giovagnoli) asked for and get by French Authorities the perquisition of 23rd June 2003 and sequestration (for his own use: see the delivery record of 23rd June 2003) of everything written and readable was in Maj's home at Paris. In September 2003 Giovagnoli initiated a proceeding (the eight Italian proceeding against the (new) PCI "caravan" since 1981 till today) and recorded Giuseppe Maj and other eleven people in the File of Suspected Persons. In relation to article 270 bis, they were charged with "armed band, crimes committed in Emilia, elsewhere in Italy and in France. On 14th February 2006, another time he made carry out some perquisitions in Italy by the Police of Modena against seven members of the CARC Party, sequestrating printed material and computers. Particularly, they also sequestrated material related to the campaign for the political elections of 2006 which CARC members were candidate for). They repeatedly asked the French Authorities to proceed to the interrogation of Giuseppe Maj, Giuseppe Czeppel and other people, including two Spanish citizens. Surely, at least they did it on 24th November 2003 as accused, and on 1st December 2003 and 12th November 2005 as "assisted" witnesses. Then, after he had largely exceeded the legal terms, finally the judge Paolo Giovagnoli decided to close the inquiry, which is now under examination, under the article ex 415 bis of the Code of Penal Procedure. Very likely, there will issued from twelve to forty warrants for the arrests of as many supposed members of the (n)PCI (whose Internet websites www.lavoce.freehomepage.com and www.nuovo-pci.com were "mysteriously" closed), and carried out four European warrants for the arrest of Italian citizens resident in France (first of all Maj, Czeppel, D'Arcangeli).
9. Naples: 2001-2005
While in September the Attorney's Office of Bologna started and then systematically set up the eight Italian proceeding against the "caravan" of the (n)PCI, on the contrary finally the seventh one was closed by lady doctor Castaldi, of the Attorney's Office of Naples. As we've told above, she started it in 2001. In order to do it she made carry out perquisitions and sequestration in Italy, France, Switzerland. The Swiss Authorities officially denied helping her because "it was a political proceeding". So, in 2005 the Attorney's Office of Naples closed the inquiry because it was out of its jurisdiction, and transferred the Acts to the Attorney's Office of Bologna where, as told above, the judge Paolo Giovagnoli is in charge.
To oppose the political persecution against (n)PCI, masked as "war against terrorism", is possible and necessary!
To prevent the arrest of Maj, Czeppel, D'Arcangeli and forty supposed members of the (n)PCI is possible!
The political persecution risks everybody's political rights!
Everybody is called to publicly stand, sharing in this battle for defending the political rights!