[From a friend who has moved to Italy]
>---------- Forwarded message ----------
>Date: Tue, 4 Feb 2003 19:51:40 -0600 (CST)
>From: Pete Mannix <[EMAIL PROTECTED]>
>To: Tyler Durden <[EMAIL PROTECTED]>
>Cc: [EMAIL PROTECTED]
>Subject: RE: The Statism Meme
>
>> What about Italy?
>
>Articles 270 and 270 bis, written by the fascists, have been ressurected
>to charge legitimate protesters and anyone promoting change ("subversive
>association" or "subverting the social-economic order that exists in the
>State") as terrorists if even the slightest association with violence can
>be found (aka you passed out a pamphlet for a labor union at a rally where
>there were arrests, your entire union is now associated).
>
>People are being held for months without charge through these laws, and
>others are being turned away at the borders if there is the possibility
>that you may get involved with a protest or action (regardless of the
>Schengen treaty).
>
>Do a google for Italy and "Article 270".
>
>Italy is no safe haven for the freedom loving.
>
>-p
>--
>* pgp key at http://pubnix.org/~peter/pgpkey.txt
>* fingerprint: 18A2 B9DB E6A0 BCD1 3C23 95A7 F591 D529 1018 7EDC
I asked Serafino about this article 270 in email and phone talking
yesterday, and so this is how I understand this law.
Yes, this law still exists and is enforced, but it is not really like
how that cypherpunks poster wrote. I would say this law is similar to
what Germany has for forbidding nazi-type symbols and gatherings. (You
might say that these Italian and Germany laws are a kind of ironic
fascist approach to forbid nazi-like gatherings.)
For the Italian law, the key to understand it, is 'what' are the
protestors protesting about? If they are protesting against an ethnic
group, say the Jewish, then for sure that it is against this Article
270. If you are part of a labor union protesting against some new law
or decree, then it's very legal, in fact there are elements of the
Italian Constitution that encourage and support those protests
(perhaps traces left from the communists).
Therefore, political protests are very big here, and like I said, it
is expected by people to protest in large ways (for different
political reasons).
The following notes are some details from Serafino, answering
some comments I wrote him.
============
(begin quote)
> Eugene forwarded this note to me from cypherpunks
> regarding "Article 270" in Italian law.
Ok. The art. 270 of our Criminal Law (Codice Penale)
was written (actually the whole Codice Penale was
written) when the Fascism was in power.
Art. 270 says that if someone supports or creates
an *organization* which is subversive (in a political
sense, or in a economical sense, or in a social sense,
i.e. when a 'class' - in any possible sense - tries
to *subjugate* another 'class') then he will be punished
(severely too).
Was also checked, by the Contitutional Court (1973),
whether the art. 270 was legitimate, from the constitutional
law point of view (our actual Constitution is not
fascist!).
Well, this Court said that, yes, it is still legitimate.
Because, i.e., art. 270 prevents, averts a new fascism
(neo-fascim)! [And also a new Communism]
> Is this actually enforced?
Yes, as any other piece of written paper. [There are
200,000 laws in Italy]
> Italians protest constantly.
They (I mean normal people) do not even
know about this art. 270 (and about many more similar
articles! like, i.e. the 304 & 305 artt. about
the political conspiracy which may
be much more dangerous because here the law speaks
of *potential* dangers, of mere intents
A protest against the impossibility of creating the
neo-nazi, the neo-fascism, the neo-monarchy,
the neo red brigades (still existing and killing here)?
Maybe this 270 C.P. would be welcome by italians!
Let me try to search the (professional) law engine
about this art. 270. Yes, there are 100 sentences
by the Supreme Court (Corte di Cassazione),in the last
20 years.
In general the problem resides in the *potentiality*
or *actuality* of the danger. [Only the *actuality*
is relevant here, not the *potentiality*. This means
that the subversive organization is *criminal* just
when acts, and not when just speaks or thinks]
Another problem is the presence or absence of arms.
[A subversive organization =/= a terrorist organization]
And also about the participation to
some *already existing* subversive organization
(nazi, fasci, or whatever)or to a *brand new*
one.
(end quote)
============
--
Amara Graps, PhD
Istituto di Fisica delle Spazio Interplanetario (IFSI)
Consiglio Nazionale delle Ricerche (CNR), Roma, ITALIA
[EMAIL PROTECTED]
