Italy : Updates on ”Operation Bialystok” 12. 2020

RoundRobin Translated by act for freedom now!

A hearing was held on 26th October at the court of Cassation for Robi whose appeal was based on the investigating judge’s order (and not on the court of review, a step that was skipped) and focused on the aggravating circumstance of terrorism and the existence of an association (270bis).
The outcome was that the court annulled two charges (those relating to instigation concerning two texts) and annulled with postponement the charge of associative crime, meaning that the court papers will be readdressed to the investigating judge who issued an order for a review concerning the effective recurrance of article 270bis.
The court of cassation for Flavia, Nico, Claudio, Daniele was held on 3rd November. The result was the annulment of the contested order limited to the crimes of association and instigation for a written document and the aggravating circumstance of acting for the purposes of terrorism and subversion of the democratic order contested to other charges, postponing these points to a new trial at the Court of Review.

Instead, the ordinance related to the charge concerning an action at the barracks of San Giovanni was confirmed. Concerning the attack on ENI cars, the aggravating circumstance of terrorism was annulled but the charge of arson was confirmed.
The court of Cassation for Francesca was held on 16th December, and the result was: annulment of the charge of instigation related to a text, for a gathering outside Rebibbia, and for instigation concerning 270 following Paska’s transfer from prison, with no indictment; annulment of article 270bis with indictment to the court of Review.
Therefore all have gone through Cassation, but they are still waiting for the reasons of sentence which haven’t yet been filed.
The hearing of 14/12 was postponed due to omission of the offended parties and therefore to irregular constitution of procedural rules. The only civil parties that took legal action were ENI and the private car-sharing leasing company. The Court had to acknowledge the omitted notification and order postponement to 20th January 2021.
The next hearing has been set to verify regular summons of all the parties involved in the trial, the opening of proceedings, the admission of evidence and the appointment of an expert who will transcribe telephone and environmental interceptions according to the prosecutor’s or defence lawyers’ indications.
The preliminary phase will start at the subsequent hearing of 25/2/2021, when a ROS officer, a witness for the prosecution who coordinated the investigation, will be cross-examined.

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