The crime of apologizing for fascism was upheld by the Italian Supreme Court, but with differences in interpretation

The Roman salute is an apologia for fascism, the Italian Supreme Court ruled on Thursday 18 January, but the constitution “open” The Republic makes beliefs more speculative in this regard.

The country's highest criminal court sat after a rally in Rome on January 7, when hundreds of people performed the fascist salute in front of the former Roman headquarters of the Italian Social Movement (MSI), formed by supporters of Benito Mussolini. World War II. The rally commemorated the January 7, 1978 massacre of two teenage members of the MSI youth wing who were shot dead in the lead-up to the protests..

In its ruling, the Supreme Court held that the participants in the fascist demonstration were a call-to-response ceremony. “currently”As well as the “Roman Salutation” – Outstretched hand – punishable by law.

These are rituals “Invoking specific gestures towards the dissolved Fascist Party” After World War II, judges have deemed them to fall under Section 5 of the Act, known as “Skelpa” since 1952. It has not been proved that its operatives have any intention of reviving the Fascist Party.

“In Italy, we don't punish opinions”

“It fits”To allow, they add, “to take into account the definite danger of the reorganization of the dissolved Fascist Party”, according to lawyers interviewed by Agence France-Presse, is an almost insurmountable obstacle. However, another text can be enforced against such public demonstrations: the “Mancino” law of 1993, which punishes acts of discrimination or violence of a racial nature.

In support of their decisions, the Supreme Court decided a new appeal hearing for eight activists who had given a fascist salute at a memorial service in 2016 and were convicted on a second occasion. For the lawyers of the two of them, the Supreme Court's verdict vindicates them. “In Italy, we don't punish opinions”Domenico Di Tullio, quoted by Italian agency ANSA, was delighted. Casabound was welcomed by a small neofascist group “A Victory” Ignacio La Russa, president of the Senate, a fan of Mussolini's bust, court decision “Self-explanatory”.

For his part, Emilio Ricci, vice-president of the National Association of Italian Partisans (ANPI), sees it as “Clarification” Neo-fascist activists can be punished. He calls on the courts to prosecute the participants of the January 7 rally. “I hope Selba and Mancino will be prosecuted for breaking the law”he said.

Differences of interpretation

Similar interpretations emerged in the Italian media and social networks. Some see it as strengthening the legislative arsenal against fascist revivals, while others think it will be as difficult or even more difficult to suppress them than before.

For Constitutionalist Gaetano Assari, Supreme Court of Cassation “Confirmed Anti-Fascist Values” Postwar Italian Republic. She also anchors “The Crime of Apology for Fascism” while leaving the terms of its application to the courts. According to him, a state of equilibrium in short.

Giulio Vigevani, professor of constitutional law, believes that pursuing these facts will always be problematic based on the provisions of the Scelpa Law, which suppresses the forgiveness of fascism. “In 99% of cases, condemnation cannot be based solely on Roman veneration. The Italian constitution protects an open democracy that does not fear its enemies »He recalled.

The prime minister, Giorgia Meloni, a co-founder of the post-fascist Fratelli d'Italia party and a former member of the MSI, has been heavily criticized by the opposition for remaining silent on the protests, which have spread around the world.