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Terrorism: massacres and services, commission of inquiry into the Italian cold war hinged


The bill for the establishment of a parliamentary commission of inquiry on the connections of domestic and international terrorism with the massacres that took place in Italy from 1953 to 1989 and on the activities carried out by the national secret services was hinged in the Constitutional Affairs Commission in the Chamber. and foreigners, the first signatory was the deputy Federico Mollicone, president of the parliamentary intergroup “The truth beyond the secret”. The Commission – reads Mollicone’s report – will have to deepen the internal and international context of the massacres that took place in Italy from 1953 to 1989 “through the acquisition of documents and testimonies, joining the group of institutional activities carried out in the common effort to fight of terrorism and to contribute to the knowledge of the phenomena of international terrorism that involved Italy in a real ‘proximity war’ during the years of the cold war “. The Commission, made up of 20 deputies, will have to complete the work within twelve months from the date of its establishment, by submitting to the Chamber of Deputies a report on the activity carried out and the results of the investigation. Minority reports may be presented. “The commission we propose as a transversal Intergroup ‘The Truth Beyond the Secret’ – explains Mollicone – is aimed at continuing the investigative and investigative work already carried out by the Moro2 commission, with a more historical vision beyond than judicial. The left has no fear of the truth: we owe it to the victims and their families. We want to set up a commission of inquiry precisely to reconstruct a unitary reading of the post-war events, so as to put together the mosaic of the Cold War, also through the desecretation of the documents, requested by several voices, even at the time by President Fioroni, and of the immense documentary archives of the commissions, now classified despite the meritorious work of Senator Pd Marilotti “.” I launch an appeal to the Democratic Party and to the left – he adds – so that a commission of inquiry is reconstituted not against someone, but with whom the legislative power and the PA rlamento take back the powers provided by the Constitution, inspired by the Massacres commission of President Pellegrino, of the DS, and of the late Enzo Fragalà, of An. We work, starting from our basic text, which we underline was presented by a transversal parliamentary Intergroup, to a shared text “. In the report to the PDL, Mollicone explains that the commission will have the task of ascertaining: a) the possible execution of misdirection aimed at concealing the causes of the massacres and, if so, the reasons and those responsible for the same, also in relation to any negotiations between government officials of the time and international terrorist organizations or agreements aimed at favoring foreign interests in a priority manner with respect to national interest; b) any activities of internal and international terrorist cells in the Italian territory that may be relevant for the reconstruction of the context in which the massacres were committed; c) the international relations of Italy, official or informal, according to results of the documents of the national and foreign intelligence services and the witnesses The Commission carries out investigations and examinations with the same powers and the same limitations as the judicial authority, but cannot adopt measures relating to the freedom and secrecy of correspondence and any other form of communication, as well as to personal freedom, without prejudice to compulsory accompaniment. The PDL then provides that the Commission, limited to the subject of the investigations within its competence, cannot be opposed to official secrecy. The regulations in force apply to professional and banking secrets. Article 4, paragraph 1, of the PDL establishes that the Commission acquires all the documentation collected or produced on the massacres referred to in Article 1, paragraph 1: from the Parliamentary Commission of Inquiry into Terrorism in Italy and the causes of the failure to identify of those responsible for the massacres, as per law no. 172; by the Parliamentary Commission of Inquiry concerning the ‘Mitrokhin dossier’ and the Italian intelligence activity, pursuant to law no. 90; by the Parliamentary Commission of Inquiry into the kidnapping and death of Aldo Moro, pursuant to law no. 82 According to paragraph 2, when acts or documents have been subjected to the constraint of functional secrecy by the competent parliamentary committees of inquiry, said secret cannot be opposed to the Commission. Paragraph 3 then provides that the Commission may obtain, also by way of derogation from the provisions of Article 329 of the Code of Criminal Procedure (relating to the obligation of secrecy for investigative acts carried out by the public prosecutor and the judicial police), copies deeds or documents relating to proceedings or investigations underway with the judicial authority or other investigative bodies. The judicial authority promptly provides and may delay, with a motivated decree only for preliminary reasons, the transmission of copies of the deeds and documents requested. The decree is effective for thirty days and can be renewed. When these reasons are no longer valid, the judicial authority proceeds without delay to transmit what is requested. The Commission, pursuant to paragraph 4, establishes which acts and documents must not be disclosed. In any case, deeds and documents relating to judicial proceedings in the preliminary investigation phase must be covered by secrecy. Article 5, paragraph 1, imposes the obligation of secrecy on the members of the Commission, on the officials and personnel involved, on any other person who collaborates with the Commission or performs or contributes to carrying out investigative acts, or comes to knowledge for reasons of office or service, even after the termination of the assignment, with regard to all the acts and documents referred to in Article 4, paragraph 4. Pursuant to paragraphs 2 and 3, the violation of the obligation of secrecy, as well as the dissemination, in whole or in part, also for summary or information, of deeds or documents of the investigation procedure whose disclosure has been prohibited are punished, unless the fact constitutes a more serious crime, pursuant to article 326 of the criminal code (relating to the disclosure and use of official secrets). The Commission may decide to meet in secret session as often as it deems appropriate and may make use of the work of judicial police officers and officers and of the collaborations it deems necessary, up to a maximum of thirty subjects as consultants free of charge. The expenses for the functioning of the Commission, charged to the internal budget of the Chamber of Deputies, are established within the maximum annual limit of 50,000 euros. Articles 366 – refusal of legally due offices by experts, interpreters or witnesses – and 372 – perjury – of the Criminal Code apply to the summons of witnesses before the Commission, without prejudice to the competences of the judicial authority. ensure respect for the fundamental rights of defense deriving from the provisions of Article 24 of the Constitution, recognizing, for example, the right to assistance of the defender whenever its failure to exercise it could prejudice the position of the person questioned. judiciary established by the second paragraph of article 82 of the Constitution, concludes the Mollicone report, also extends to aspects relating to the limitations of the powers of the Commission itself. In general, it can be stated that the conduct of the investigation finds the same limits that the current legislation places on the investigations of the judicial authority, it being understood that the instituting act of the Commission may have additional ones, or provide for inapplicability towards the Commission itself of provisions limiting the investigation activity of the judicial authority.



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