Euro Parl Committee to Consider Punishing Italy for Genoa

A Petition instigating consideration of the above has been submitted to the European Parliament in Strasbourg (11th December 2001).

This is not your standard ‘petition' - it is not a long list of names demanding something. It is a legal submission document to the European Parliament (EP) Petitions Committee. Any EU citizen can submit a petition which must be considered by the Petitions Committee of the EP.

The Petition was submitted by Marcus Covell (sky), the indymedia uk reporter severely injured during the bloody raid on the Genoa Social Forum (GSF) buildings in Genoa, at a EP Hearing in Strasbourg organised by the Greens / European Free Alliance on 11th December 2001.

Participating in the hearing were MEPs from the Greens / European Free Alliance, including Caroline Lucas MEP, victims of police and state brutality in Genoa - both those beaten at the GSF Diaz school raid and others arrested later from the Publix Theatre group who were subjected to torture and held for over 3 weeks, as well as their legal representatives, a GSF lawyer, members of the EP Petitions Committee, Inquiry Committee, Civil Liberties Committee, Constitutional Affairs Committee, and the Foreign Affairs Committee as well as Graham Watson MEP, reporter of the "Area of Freedom, Security, and Justice: security at meetings of the European Council and other comparable events" report.

The Petition submitted by Marcus Covell (sky) asks the petitions committee to consider whether the Italian authorities can have sanctions imposed on it, possibly depriving it of rights, under Article 7 of the EU Treaty, as a member state which "seriously and persistently violates against the principles" in the first paragraph of Article 6 of the EU Treaty – mainly but not exclusively with regard to events at the Genoa demonstrations earlier this summer.

The Petition comes just as the EU is agreeing new definitions of Terrorism, and new legislation which many observers believe will be used to directly target anti-globalisation protestors. In the light of the terrible rights abuses in Genoa these measures and others like the creation of lists of known demonstrators on the SIS database (with provisions to stop people travelling to protests and political events) and the creation of a new EU wide para-military riot police force, can only lead to further and worsening abuses.
(for information in English about the proposals and new legislation see http://www.statewatch.org )

Below is a more detailed outline of the petition and details of the EP hearing held on 11th Dec in Strasbourg.

THE PETITION (MORE DETAILS)

Article 6 (1) The Union is founded on principles of liberty, democracy, respect for human rights and fundamental freedoms, and the rule of law, principles which are common to the Member States.

If a member state is found to have seriously and persistently violated against fundamental and human rights, etc, that member state can be deprived of certain rights.

Article 7 (2) Where such a determination has been made, the council, acting by a qualified majority, may decide to suspend certain rights deriving from the application of this Treaty to the Member State in question, including the voting rights of the representative of the government of that Member State in the Council.

Thus there are two questions the EU would need to consider:

A) whether the Italian authorities have ‘SERIOUSLY' violated principles in Article 6 (1). Here it is quite clear that the facts speak for themselves. From the suspension of the Schengen agreement on free movement across borders to the summary deportations perhaps the most obvious is the systematic torture of those detained – the International Convention Prohibiting Torture is one of the few instruments of international law with obligatory jurisdiction. Note also that Article 4 of the Charter of Fundamental Rights prohibits torture.

B) Whether the violation is PERSISTENT ? Here we must first note that there exists little guidance, or no ‘jurisprudence' in that respect. The only previous ‘example' is the debate after the inclusion of Jorg Haider's Freedom Party in the Austrian government. NB While many people evoked the possibility of applying Article 7 to the mere formation of the government – the aim was clearly to prevent the possibility of violations, rather than reacting to previous ones. It is also worth considering Berlusconi's attempts to break the independence of the judiciary, and also the fact that Italy initial refusal to agree the European Arrest Warrant, seemingly to prevent some members of the Italian government being pursued from abroad.

The Petitions Committee will have to decide if the petitions are admissible. If yes, Rule 175 says that the ‘committee can organise a hearing and/or draw up a report'.

Also "when necessary" the committee "shall" (not "may") submit a motion for a resolution to Parliament as a whole. Such a motion should include a call on the Commission to take the initiative to investigate whether or not Italy has seriously and persistently breached against the principles in Article 6 (1).

NB Launching the procedure would NOT yet mean EP condemnation of Italy. It rather would mean that the guarantees in the Treaty, of democracy, fundamental and human rights, and the rule of law would be taken seriously.

NB Although Parliament's assent is needed in order to launch the procedure in Article 7(1), Parliament does not have the right to take the initiative. The initiative can only come from one third of the member states or the Commission:

Article 7 (1).The Council, meeting in the composition of the Heads of State or Government and acting by unanimity on a proposal by one third of the Member States or by the Commission and after obtaining the assent of the European Parliament, may determine the existence of a serious and persistent breach by a Member State of principles mentioned in Article 6(1), after inviting the government of the Member State in question to submit its observations.

Petition to the European Parliament

Violations by the Italian authorities responsible for the maintainance of public order during the G 7 (or "G 8") summit in Genova, 20-22 July 2001, of Article 2 (1, indent 3), Article 6 (paragraphs 1 and (2) and Article 29 (1) of the Treaty on the Eurpean Union and Articles 1, 2, 3, 4, 5, 10, 11 and 12 of the Charter of Fundamental Rights of the European Union.

Background to and grounds for the petition:

A journalist to my profession I was covering the G 8 meeting in Genova, Italy 20-22 July, with a specific focus on the activities organised by civil society organisations around the summit. Considering that the practice of arranging G 7 (or now "G 8") summits, while informal and, thus, outside normal institutional frameworks for democratic decision making, has been widely recognised as having resulted in political output of major significance, I considered it essential to follow and relay also voices of dissent. In exercising my profession I in no way participated in any acts of disturbing public order or acts of violence against persons or property.

On the night of 21st July I was brutally attacked in front of the Amando Diaz School, Cesare Battisti, by the forces of law, which I would have expected were on duty in order to protect my safety as a European citizen, not in order to assault citizens. I suffered the following injuries from the attack(s): eight broken ribs, a shedded lung and i lost three pints of blood. It took three days to stop the internal bleeding. The following medical treatment has been needed: I spent twelve days in San Martino Hospital plus visits to UK doctors for another operation( to remove bone splinters) and for trauma conselling.

Aware of the fact that the Treaty on the European Union, in Article 35 (5) excludes from the jurisdiction of the Court of Justice "the validity and proportionality of operations carried out by the police and other law enforcement services of a member State", I nevertheless consider that my rights under the Treaties and the Charter have been violated in such a way, that it cannot but be a question which falls within the activities of the Union, rather than being subject to national competence alone. Articles 6 and 7 of the Treaty on the European Union clearly state that democracy and the rule of law are required by any state which wishes to be part of the Union, and that respect for fundamental and human rights is not at the discretion of the Member States.

I therefore ask the European Parliament to take up this matter to consideration, and thereby to consider the following questions as relevant:

A)whether what i have been subjected to constitutes a violation of fundamental rights protected by the treaty on the european charter of Fundamental Rights.

B)Whether the actions of the italian authorities before, during and after the G8 summit in Genoa Constitutes a serious and persistent breach of principles mentioned in article 6(1) of the EU treaty in the meaning of Article 7(1) of the treaty.

arch/ive/ief (2000 - 2005)