AMNESTY
TERNATIONAL,
REPORT
983
This report covers the period
anuary to December 1982
Italy
Aninesty International's main con-
verm in 1982 was the delay in trying
People acctyed of politically mott-
vated crimes. This led to excessively
Jong periods of Uetention tor defe
fants: over three years in the ease
known as7 April”, Other concerns.
were the jimprisonment of conscie
ious objectors regarded by Amnesty Lntemnational as prisoners of
conscience, and allegations of torture and ill-treatment of prisoners,
There was a marked increase in such allegations and these were the
abject of wide judicial investigation,
the Urgent Measures for the Protection of the Democratic Order
and Public Security introduced in February 1980 (see Amnesty
International Report 1980 and 1981), extending time limits in the
Judicial process, remained in force although the government author.
wed one additional assize court in Rome to reduce the backlog of
Amnesty International was concerned by the undue delay inAMNESTY
[NTERNATIONAL
REPORT
1983
This report covers the period
January to December 1982
263
svinging the “7 Aprit” defendants w crial (see Amnesty International
Report 1482). Amnesty International sent an observer to the first
searing of the case in Rome on 7 June. Some of the defence lawyers
jected to the trial taking place in the Same court as the trial of those
harged with the kidnapping and murder of the former Prime Minister,
Aldo Moro. The hearing was, therelore, postponed until November.
Amnesty Intemational again sent an observer. The trial was post-
poned once more, until February 1983, this time because the President
of the Court of Assizes declared that it should not proceed while the
Moro” trial was still in progress. By the end of 1982 some defendants
had been held for between 36 and 44 months awaiting trial,
The majority of the defendants were academics, journalists and
teachers who had allegedly been associated with a movement called
{utonomia Operaia, Workers’ Autonomy, The best known was
Antonio Negri, professor of political science at Padua University and
‘ecturer at the Sorbonne in Paris. The arrests took place alter the kid-
napping and murder, between March and May 1978, of the former
Prime Minister, Aldo Moro, by the Red Brigades, Most of those arres-
ed in April and in the subsequent wave of arrests on 21 December
1979 had been involved some years earlier with an organization
ailed Potere Operaio, Workers’ Power. This was a left-wing
rouping in the late 1960s and early 1970s which advocated mass
working-class revolt against the capitalist system and state. It was not
1 illegal or clandestine organization, There were, at the end of 1982,
40 peuple charged in connection with the “7 April” case under the
jurisdiction of the courts of Rome and Padua, All defendants were
‘charged inter alia with “subversive association” and “participation
ior formation of an armed band’. Some of the defendants were also
charged with “insurrection against the powers of the State” and faced
A mandatory life sentence if convicted. A number of these individual
uases were under investigation by Amnesty International,
Amnesty International consistently criticized the length of time a
person might spend in prison in Italy under the law, while legal
proceedings continued. With the extended time limits granted by the
urgent measures of February 1980 this could mean, in the most
rious eases, a period of 10 years and eight months before a final
erdict
The problem of the delay in hearing eases and the possibility of
leasing prisoners into provisional liberty, if not tried withia the time
mits, was addressed by the Procurator General of the Court of
assation. {n his report of the past judicial year he Ueserihed the estab.
'shient of one additional assize court in Rome to cut the backlog as
‘totally inadequate and insutficient measure which will have no.
weet”,AMNESTY
NTERNATIONAL
REPORT
1983
This report covers the period
January to December 1982
2h
The prisoners of conscience known to Amnesty International
sere conscientious objectors to military service. The reform of the
2868 on conscientious ubjeetors eontinued with proposals for a new
Jaw fo replace the existing Marcora Law on conseientinus objection
(see Amnesty International Report 1982), The dratt bill presented by
the Minister of Detence, Lelio Lagorio, recognized that the existing
law had “disadvantages and defects making a revision of it indispen-
sable”. [twas awaiting examination before the Defence Commission
>f the Senate. On 24 December Amnesty Intemational wrote to the
Minister welcoming the new drat bill and in particular the proposal to
reduce the length of alternative service from 20 to 16 months
However. the organization was concerned that the bill appeared to
‘nake no provisinn tor recoenizing political grounds for conscientious
objection and no allowance for volunteers for military service who sub-
sequently changed their views and became conscientious objectors. It
also appeared that the responsible authorities were not obliged to
explain their reasons for rejecting x request for alternative civilian
Sporadic allegations of torture and cruel, inhuman or degrading
{reatment had been received and investigated by Ammesty International
inprevious years. However, 1982 saw a sharp increase in the number
‘of allegations, in particular with relation to arrests made at the time of
the kidnapping of the NATO Chief of Staff, Brigadier General James
Lee Dozier. and after his release on 28 January 1982. Amnesty
International received information on approximately 30 cases, some
ol which were supported by medical reports.
On 16 March Amnesty International wrote to the Minister of the
Interior. Virginio Rognoni. to express its concern at the number aad
‘cope of recent allegations. It requested the Minister to review the
police procedures followed in cases in which allegations of ill-treat.
ment had been made publicly. Some of these allegations were already
being investigated following earlier formal complaints, However, new
illegations continued to be made. Amnesty International in its letter
telerred specifically to the testimony of Anna Rita Marino who was
terested in Rome on 2 March. She stated that atter her arrest she was
“tripped naked. slapped in the face and beaten on her head, stomach
ind legs. Her nipples were twisted with an unidentified instrument. A
‘medical examination on 1 March inthe women's section of Rebibbia
prison referred to skin contusions and bruises on her right and left
breasts and thighs. The allegations of ill-treatment made in coust in
Verona on 8 March by Cesare di Lenardo were also mentioned. Di
Lenardo alleged that not only he, but also his co-detendants, had been
\ibtreated, The investigating judge issued arrest warrants in June
vaainst five polive officers alter a four-month investigation, The205
Minister uf the Interior publicly eriticizetl this as aiving “rise «@ much
perplexity and brtteress”, Phe police oflicers were finally released
ind reintegrated into their Fores after transfer, However the Deputy
Prosecutor of Padua subsequently recommended that they should be
smted.