About the law n. 155, 31st july 2005, known as "Pisanu’s law"
We intend to inform about and to deepen "Pisanu’s law", a new [italian, ndt] law about the "struggle to international terrorism".
This law was approved queekly by the Parliament and with a common vote by both center-right and center-left.
The pretext was the slaughter of the last 7th july in London, like previously happened for other antiterrorism laws after 11th September in New York and 11th March in Madrid.
In the USA, GB and Italy, in particular, during the last 4 years have been approved integration/modify laws, sold like answers to the so called islamic attacks.
In fact these countries (strategists of preventive war and occupation forces in Jugoslavia, Afghanistan, Iraq) are leaders of measures which have limited again individual and collective freedom among popular masses.
Italy, very quickly (72 hours !) and with large majority, converted the law decree of 27th july
2005 n. 144 adopted by the government Berlusconi with the law n. 155, 31st july 2005.
First, it is extended the autonomous power of police.
Second, some previous activities developed illegally by police, now become legal.
Wider police powers inside the acceleration of the State’s transformation, which confirm that the State is an instrument used by the ruling class to fund its power with organized violence. In fact the capitalist State is just a "group of armed men" into which army, police, magistracy, secret services, press, etc. share their work to keep the working mass submitted.
It’s clear that bourgeoisie tries to mask its dictatorship with softer political domination forms, but the increasing economical and social crisis and the consequent development of class struggle, more and more often make useless these efforts.
There is who speaks of authoritarian and reactionary State, or police State, or exceptional State, or strong State ; but the sense is the same.
The matter has to be faced also by an historical, political, cultural point of view.
With the law n. 155 we face a law which characterizes the Codes and the internal part of other laws with a less free space for everybody, to grant a greater safety. To the question "safety or freedom", it’s necessary to answer in the only possible way : untill classes will exist, they will not be realized equality, justice, freedom. So, what safety are they talking about ?
The artciles (19 at all) of the new law follow the recompense logic for collaborators (in this case foreigners) which since time the Italian regulations establish for trial collaborators on matters of mafia or so called "terrorism".
The same mechanism of expulsion of foreigner people can be applied on the basis of preventive evaluations made by police, without authorization by the judicial authority.
Also jurists of experienced faith in the defense of civil rights (not revolutionary or extremist)
stated that : "It can’t be hidden the anxiety caused by the fact that someone can stay one day in the hands of police without contacting anyone, not even a lawyer". When police hasn’ t got even the duty to contact relatives.
In fact the law relieves on the so-called "detained" the faculty to ask to call a relative ; it’ s different that police asks the detained or arrested if he/her wants that a relative is called ; it’s different to leave him/her the faculty to ask it, a faculty he/her could ignore if not informed.
The art. 15 itself enclosed in the art. 270 ("Subversive associations") of the Penal Code, tries to fill the gaps left by the 270-quater, 270-quinquies and 270-sexies, in the sense that it has to be expanded the area of people to hit and to define better the "behaviours with terrorism purpose".
Reading with attention the articles of the law which, in a synthetic way we report later on, it’s possible to understand the political sense and aims of legislators.
Naturally, for legislators we have to mean the whole political class, from Right to "Left", which is on duty for the ruling class.
This law, like others, tries to define better whom has to be hit and defeated. In this case the law is directed against those foreigners which promote resistance and oppose to every form of oppression by imperialism in the countries they come from.
It is also directed against those which in our country fight and oppose to exploitation and those which give solidarity and support to peoples’ struggles and their vanguards.
The part refferring to the art. 270 is very clear, if we analyze the trial of Milan of 24th january 2005, which absolved 3 islamic militants accused of "international terrorism", stating that they are fighters for the freedom of their country. A "gap" they had to fill...
The other important aspect is to develop the reactionary mobilization of the mass, to have people’s approval for these measures who kill freedom. The problem of "safety" is a good excuse.
In fact, many interventions by the State underlined how it is more and more strong the attempt to push workers and citizens in the management of control, prevention and repression.
Clear examples are the militarization of firemen ; the duty to put on files who uses internet imposed to managers of internet points ; the duty to put on files and to expulse inmigrants imposed to bus and flight inspectors ; the duty imposed to barmen to control that is respected the prohibition to smoke or drink alcohol on the road ; until the filing of those who buy tickets for stadium ot theatre.
Like shown by the recent "anti-terrorism" trainings in Milan, Rome, Torino and Naples ; "general tests" during which acted together policemen, firemen, health unities, "anti-kamikaze" special unities, for a sum of 2,000 people, under the supervision of some CIA agents.
The declared aim is the "struggle to terrorism", the real aim is to intimidate the most strong part of popular masses, the total control of territory, the general militarization of society...
Another example is, instead, as regards a more repressive policy, the Finacial law 2006, which makes provisions for cuts to welfare state and more human and financial sources for police. Police apparatus will not have cuts (while cuts will be imposed to welfare state, health, workers and pensioners) but will have 200 million Euros more (art. 7 "Financial exigencies for public safety") and 2.500 engagements to employ for tasks of public safety and order (art. 35 "Staff engagements").
It’s very clear the increase of State’s repressive power in front of possible social forms of oppositions caused by an antipopular and militarist policy.
The attempts of co-optation are not foreseen ; it could be a heavy error to leave whole social categories in the hands of the class’ enemy.
At the same time we have to make a strong denunciation against the attempt to mobilize masses into a reactionary way and we have to develop our support action towards those parts of these categories which try to resist to the attempts of co-optation.
Denunciation, information, propaganda, mobilization, solidarity and support have a great importance, but contrasting the state’s action we cannot forget the field of struggle and mobilization to understand and oppose the present contradictions : between italian and inmigrant workers, between "more safety" and less freedom...Above all we have to put in the centre of mobilization the main contradiction : between proletariat and bourgeoisie.
About the law decree 27th july 2005 number 144 changed, with modifications, by the law 31st july 2005 number 155
[Urgent measures to contrast international terrorism]
Art. 1 Conversations with inquiry purpose to contrast terrorism
The art. 18 bis of the law 354/1975 (Rules on the penitentiary system and the execution of measures limitig freedom) is enlarged with dispositions which extend also to police and carbinieri at least on provincial level, the authorization to have personal conversations with detainees "to acquire informations useful to prevent and repress crimes with terrorist purpose, even international, or subversion of democracy".
Art. 2 Residence permits with investigation purpose
If the foreigner has given an effective collaboration to the Judicial Autority or police ("...to prevent in the State’s territory terroristic attacks... that is to identifythose responsible of terrorist acts...) he receives a special residence permit, lasting a year and renewable for equal periods. The permit allows the access to welfare and school services, the registration to employment agencies and the execution of dependent job. This represents a reward with mere cooperative purpose.
Art. 3 Rules about expulsions of foreigners to prevent terrorism
"For reasons of public order or safety of the State, the Minister of Interiors can decide for the expulsion of the foreigner...". [from the art. 9 of the Law Decree 286/1998]
These are provisions yet applied, like for example against the Imam of Turin, Bouriqi Bouchta, which on the last 6th September was explused form Italy "for reasons of public order and national security".
Pisanu’s law provides for the immediate accomapanying of the expulsed to his country, without validation of the Judicial Autority.
In the motivation of the provision we can read that Bouchta should have " a solid relationship with first members of islamic terrorism in italy", he should "have made converts with radical positions", he should "have keep a behaviour which, in the present context of islamic terrorism, is reason of great perturbation of public order and national security".
Pisanu also arrived to close some muslim schools, like one in Milan, because thought to be illegal.
On 17th february 2003 he was explused the egyptian Imam Abu Omar ; he was kidnapped in Milan, secretely transported in the USA base in Aviano and after in Germany ; now he is detained in Egyptian jails.
There are 22 orders of provisional arrests passed by the Judge for Preliminary Inquiries of Milan, against CIA agents responsible for the capture of Abu Omar, which acted under false identity and which now are untraceable.
Art. 4 Rules for the stenghtening of informative activity
The faculty to do preventive eavesdroppings is extended also to the "services for information and security" (Sismi and Sisde).
"The authorization is asked to the Attorney General in the Court of Appeal of the district where the subject to be controlled is... they are applied dispositions of which in the art. 226 of the rules of application of the Code of Penal Procedure (eavesdroppings and preventive controls on communications)".
Art. 5 Antiterrorism units
"...The Minister of the Interiors sets up special ivestigation interforces units, formed by experienced officers and agents of judicial police...The Public Minister usually avails himself of investigation interforces units of which in the paragraph 1".
Art. 6 New rules on phone and telecom traffic’s data
"Starting from the coming into force of the present decree and until 31st december 2007, it is suspended the application of dispositions of law, of regulation or adiministrative authority which prescribe or allow the cancellation of phone or telecom traffic’s data...".
Art. 7 Integration of the adiministration discipline for telephonic and internet public stores
"...Whoever wants to open a public store or a private club of every kind, into which people have at their disposal terminal units available for communications, also telecommunications, must ask permission to the Head of police.
...they are established the measures to be kept by the owner or administrator of a store into which they are done the activities of which at the paragraph 1 for the control of user’s operations and the filing of relative data...as well as the measures of preventive adquiring of personal data on the identity card of the subjects which use public stores not supervised for telecommunications, that is internet points with wireless technology".
Art. 7 bis Telecom security
"...to prevent and repress activities of terrorism or support to terrorism led with data processing means, the officers of judicial police in every form, also anonymous, or through a telecom way on the preparation or use of expoding materials, of war weapons, of chemical weapons or bacteriologic dangerous substances is punished with prison from 1 to 6 years".
art. 8 Integration to the administrative discipline and activites about the use of explosives
After the art. 2 of the law 2nd october 1967, n. 895 (dispositions for the control of weapons) it is inserted what follows :
"...Whoever out of cases allowed by the law, trains someone or gives instructions in every way, also anonymous, or through telecom way, about the preparation or use of exploding materials, war weapons, chemical weapons or bacteriological substances, noxious or dangerous, and other fatal mechanisms, is punished (except when the fact represents a worse crime) with prison from 1 to 6 years".
Art.9 Integration to the adiministrative discipline of flight activity
They are increased security controls for the execution of aeronautical activities.
"... The Minister of Interiors, for heavy reasons of order and public security, can establish that the flight activity which takes place, origin or destination in the State’s territory by whom yet has got titles to execute flights given by foreigner or international organs acknowledged by the national order, is dependent on the release of authorization by the local Head of police...".
Art.9 bis Antiterrorist prevention into airports
It is set aside a sum to finance intervenrions for security into airports to prevent terrorism.
"The national organ for Civil Aviation (ENAC) is authorized to use a sum of 2,500,000 a year for 2005 and 2006...".
Art. 10 New rules on personal identification
In the art. 349 of the Code of Penal Procedure, after the second paragraph, it is put the following : "2-bis. If the controls indivated by the second paragraph involve a sample of hair or spit and there’s not the interested party’s assent, the judicial police proceeeds to the forced sample, respecting the subject’s personal dignity...". Forced means to compel, to oblige through the use of force.
In the art. 349, fourth paragraph, after the words : "no longer than twelve hours", they are added the following : " that is, by even oral advice to the Public Minister, no longer than 24 hours, in case that the identification is especially difficult...".
It has also added the paragraph 4-bis which doubles forecast penalties for the violation of which at the art. 5 of the law 22 may 1975, n. 152. It deals with the use of protective helmets or means to make difficult people’s identification in public places ; sometimes this offence was applied to muslim women, which cover their faces in public.
Art.11 Electronic residence permit
"...The residence permit and the residence paper of which at the art. 9 are given through technologically advanced means with anti-falsification features...they also carry personal data, for identity card and other electronic papers, forecast by the art. 36 of the unique text of law and rules dispositions about adiministrative documents...".
Art. 12 Verification of defendant’s identity and judicial precedents
They are foreseen specific communications to the competent judicial Authority to verify the situation of prosecutions against the subject suspected to be guilty.
Art. 13 new dispositions about arrest and provisional arrest
It’s foreseen the hypothesis of mandatory arrest in the act for crimes committed with "purpose of terrorism or subversion of the constitutional order" for which the law establishes inprisonment not lower than 4 years, instead of the previous 5 years.
The disposition provides that judicial police can apply provisional arrest on its own initiative, also when the suspected is identified after.
Art. 14 New rules about prevention
"...judicial police can arrest even out of the act of the crime...and decide to block funds or economic sources, when there are founded elements to think that founds and sources can be dispersed, hidden or used to finance terrorist organizations or activities, even international".
Art. 15 New cases of crime in matter of terrorism
After the art. 270-ter of the Penal Code are inserted the following :
Art. 270-quater (Recruitment with terrorism purpose, even international) ; art. 270-quinquies (Training to activities with terrorism purpose, even international) ; art. 270-sexies (Behaviours with terrorism purpose) : "they are considered with terrorism purpose those behaviours which , because of their nature or context, can carry heavy damages to a country or international organization and which have the purpose to frighten people or to oblige public powers or an international organization to do or not every kind of act or to destabilize or destroy fundamental public, constitutional, economic and social structures of a country or international organization, as well as other behaviours defined terrorist or done with terrorism purpose by conventions or other rules of international right which are binding for Italy".
Art. 16 Authorization to proceed for terrorim crimes (suppressed)
Art. 17 Rules about the employment of judicial police
It’s forecast that in procedures before the review Court, the judge can decide that, in urgent cases, notifications can be executed by penitentiary police of the place where detainees are.
In case of preliminary inquiries, notifications are executed by judicial police in cases of acts or provisions which judicial police itself is delegated to execute.
Art. 18 Services of surveillance which don’t require the employment of policemen
It is allowed to entrust auxiliary control of ports, railway stations, underground railways, bus stations to security guards or private surveillance agencies, when these services don’t require the employment of public police.
Art. 18-bis Employment of police
For exceptional cases of necessity and urgency which don’t allow a rapid provision by the judicial Authority, the Armed forces have the same powers of judicial police. "...During police operationsthey can also identify and make immediate searches...".
Art. 18-ter measures for the security of the 20th Winter Olimpic Games
This disposition is drected to increase safety measures inside olimpic places during winter games of Turin 2006.
Art. 19 Coming into force
"the present decree comes into force the day after its publication on the Official Gazette of the Italian Republic and will be proposed to the Chambers to be converted into law".