In this umpteenth hearing in videoconference and after many requests, all denied, to appear and attend in person and not in absence to all the hearings of the trial that sees me charged, for the heavy and infamous accusation of massacre, I have to face the issue of videoconferencing, which enters, or to be more precise, was entering, in the infamous logic of the differentiation of the penitentiary circuits, in which the individual prisoner and accused is demonized and dehumanized by the said “considerable social dangerousness”. And I said that I was entering, because the videoconference, the trial in absentia, has been extended to all the prisoners in Italian prisons, who have been left without a real defense and with the marginalization that all this implies for all the defendants who suffer this imposition, through a liberticidal dynamic of the umpteenth emergency, this time for the Covid-19 emergency, which then became law. It is known, it is already evident and unmasked – and I am not only talking about the contradiction of this problem especially, or of one law or another – how the specific problem of the videoconference has reduced the defense to be a farce, annulling in fact the defendant within the trial.
This court will probably say that this has nothing to do with the trial taking place today.
But I believe it does, and what is more, I believe it is a fundamental issue. I am talking about the contradiction that the States possess by their own systemic nature, the fundamental problem is the disintegration and degeneration that dresses itself as emergentialism, and has the objective of breaking and directing the consolidated and ordinary legality at will, transforming it into another legality. We see it with the same dynamics of the perpetual emergency, and the specific plan of the videoconference is only an example of how the systemic authoritarianism liberticidal system expands in a capillary way. It is the exception, the emergency of today, that forges the law of tomorrow, reducing it more and more. The trials by videoconference, that is, in absentia, have been established by the continuous emergencies within the said social dangerousness, which is already the norm, such as the trial by videoconference for all the prisoners in Italian prisons. And it is not that this does not have repercussions on the real conditions of the entire trial, since it hinders the management of a real defense of the accused, creating a contradiction with what your own democratic and bourgeois law argues.
This technological trial in fact turns the trial into a biased trial and clearly reveals in every aspect of our lives the servitude to the capitalist state authority: removing the possibility of answering, as if it were a new religion to be worshipped, the various innovations: DNA, videoconferencing, etc.
In this climate created by the endless emergencies, with the marginalization and the cancellation of the accused and of a real defense, which is reduced to the minimum, especially for that class which is not bourgeois, for the class of the excluded; this is how the videoconference arrives with the emergence of social dangerousness. The guilt already stands out in the forms of this way of “presenting and witnessing”. I repeat: that the laws on videoconference are a tentacle that has been extended from one emergency to the other until it includes all the prisoners. A murderous dynamic of the State, which twists and then cancels this emergent political and social context as if it were normal. This is the systemic banality of the wickedness of the State, and this is how the continuous marginalization of thousands of prisoners and the annulment of the accused has been produced. It is plain for anyone to see what has happened during the Covid-19 emergency with the NO VAX sayings. The State, to support its constant emergency, needs scapegoats. Likewise, in trials such as this one, it works out well for them to provide a disproportionate and unfair amount of inadmissible documentation that serves the prosecution to guide the trial towards the guilt of the defendants. It is an old story, one that has been repeated for centuries.
These are the general conditions of the society with the Covid-19 emergency, with a State management of mass murder and now, what a case, the State extends the emergency with the state of war, again with the same attitude of mass and indiscriminate murder. Why the State never denies its own methods, maybe it perfects them: it is the bombs manufactured and sold to the whole world and to any regime by Leonardo-Finmeccanica (including the States that are today at war and in good business with the Italian State) that create countless massacres for its own profit. So that it is clear to everyone, if it were not already clear, the true nature of the State that you represent. For this reason, I do not understand with what legitimacy you can accuse me. Let us return for a moment to the example of the law on videoconferencing, to see its development and how the emergency laws and the following forcing and distortion become in the end norm and law. The law on videoconference comes from the emergency for the said “mafia” and “terrorist” dangerousness, in the distant 1998 by the subjected men and women to the 41bis regime; the videoconference was introduced with the law n.11 of January 1998, inspired by Luciano Violante (Prodi government), the prisoners subjected to 41bis were forced to submit to this liberticidal law and could not participate in their trials, if not watch them from a distance; the margins of democratic and bourgeois defense have been reduced to a farce.
In 2013-2014 the umpteenth emergency: this time with the excuse of the alleged massive escapes from prisons, the videoconference has been extended to all the prisoners and to all the prisoners subjected to the High Security regime; the problem of defense has been extended to more than 10,000 prisoners. The emergency invented at the time was to prevent escapes, which in fact were insignificant and could be counted on the fingers of one hand. The motives were political, the real result of the forcing and distortions created by the anti-mafia and anti-terrorism pool. It must be remembered that these groups have themselves been created from a state of emergency, and have conveniently ended up being the normality for decades, automatically self-feeding. The reasons are economic, and also a product of the clogging of the cumbersome and corrupt State bureaucratic machine, as they have evidenced with the CSM corruption cases, which are systemic cases, not two bad apples.
Then 2 years ago, in 2020, with the Covid-19 emergency, with the massacre management inside the prisons, with 15 dead prisoners, with beatings and tortures for hundreds of prisoners, there the videoconference has been extended to all the prisoners, limited in its farce defense with the article 11 comma 3 of the decree law n.137 of 28/10/2020, transformed in Law n. 176/2020. And so it is extended to all the prisoners, as some High Security prisoners were already denouncing in the trials in 2013-2014, when the videoconference was imposed on them, and as I do myself here and now, for confirmation of all this.
All this is the umpteenth confirmation of the contradictions and suspensions of the fundamental rights of your bourgeois democracy. A State by its nature corporative, which defends only and exclusively its own class, and this is evidenced by these emergency alibis, applied as if it were for our good and safety.
It is evident how the State blatantly defends its own class, as shown by the example of the murder of Youns El Boussattaoui in Voghera by the hand of the lawyer Massimo Adriatici, a man of the State. The murder of an immigrant, of a homeless person, of an excluded person, shot, with explosive projectiles, in the middle of a square, with the substantial complicit and unanimous silence of the state authority and the press, with the condescension of the judiciary, and trying to pass this murder off as self-defense. This case explains very well how the State defends its followers and opens our eyes to the racism and systemic corruption of the State and capitalist society. And trying to sneak it to us poor imbeciles as if it were a minor problem, a gun carrying problem, instead of what it really is: a racist murder at the hand of a political man with the complicity of the state authority, not an independent case. I repeat, these are systemic issues of the State, not two bad apples. And today the Lega, the governing party, presents itself here as a private prosecutor, making me the moral. This execution, like the cases of Frapporti in Rovereto, Mastrogiovanni in Naples, Aldrovandi and Cucchi, and many others that never came to light, all point to the class of the oppressed, and it is normal that it should be so, given the system in which we live. A system that has been continuously going after the entirety of the oppressed for centuries. It is evident that the slogan “The law is equal for all”, only applies to the bourgeois class that you represent.
That is why neither this trial nor any State represents me, in view of the repeated massacres of the oppressed, to whom I belong, and the continuous falsifications and manipulations for which the State is responsible. This is why today I claim my identity as an anarchist, with deep political and social motives, from a century and a half of struggle against the murderous State. A rebellious anarchism, of praxis and struggle, an individual anarchism that goes beyond your hypocritical falsehoods. My consciousness of what the murderous State is, cannot be manipulated, because for many years my individuality is not reflected in any authority, much less that of the State. I have disavowed, rejected the State for many years, since I have been conscious of my anarchism I do not trust anything that is placed above me. The only relationship that I have with the State is with its force, which has me imprisoned, I do not trust any of your ghosts, represented by the right and by the hypocritical phrase that the law would be equal for all, I am not stupid.
Today I absolutely reject this state farce, I reject this court and any verdict, whether of guilt or innocence. Today I declare that for me this trial is over, and you will never see my image again.
Juan Sorroche Fernandes – AS2 – C.C. Terni – 11/06/22