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After the interview with the Italian Foreign Minister Frattini (for comments on it see article “NO SE POL”) it appears that the Italian authorities are persisting in NOT understanding that in the Free Port of Trieste (FPT) the Italian law DOES NOT apply. This is quite worrying because the International Commission for the FPT offers assistance to anyone willing to find a legally valid, disciplined solution, but it must also be listened to.
Below some comments on the article published by “Il Piccolo” on 25 June.

Note: The comments are made by the President of the International Committee for the FPT and are highlighted in blue

Source: Il Piccolo

25 June 2011

Art exhibition “Biennale diffusa”: Free Zone suspended

The Free Zone in the Porto Vecchio (Old Port) has been suspended to allow the art exhibition “Biennale diffusa” to take place. The Commissioner of the Government Alessando Giacchetti signed the act to that effect.

Note: The so called “Free Zone in the Porto Vecchio” belongs to the territory of the Free Port of Trieste, in which the provisions of Annex VIII, that is the “Instrument for the FPT”, to the Peace Treaty with Italy apply, which was signed and ratified by the UN and Italy in 1947, because Italy had lost the war.
The Porto Vecchio of Trieste is an extraterritorial (international) territory and therefore also a duty-free area in which ONLY the provisions of Annex VIII apply. In article 5 of the Memorandum of Understanding signed in London on 5 October 1954 by the ambassadors of Italy, Yugoslavia, the United Kingdom of Great Britain and Northern Ireland, and the United States of America, Italy pledges itself as follows: “5. The Italian Government undertakes to maintain the Free Port at Trieste in general accordance with the provisions of Articles 1-20 of Annex VIII of the Italian Peace Treaty”.
The provisions of said article are contained also in the LAW on the Italian Ports (No. 84/1994), in art. 6(12), which states that: “The current regulations on the free zones within the area of the Free Port of Trieste remain unaffected. The Ministry of Transport and Navigation, upon hearing the Port Authority of Trieste, will issue a decree to define the administrative organization for the management of the said free zones”. This means that LAW No. 84/94 applies to all Italian ports except for the free zones, i.e. the Free Port, where the provisions of Annex VIII and (only for Italy) articles 1 to 20 apply. For all other countries, including the Free Territory, all 26 articles apply.
Thus, the second sentence of the Italian law No. 84/94 is overruled by its first sentence, since neither the “Ministry of Transport and Navigation” nor the “Port Authority of Trieste” are entitled to adopt laws or define the “administrative organization for the management of said free zones”, quite the contrary: they have to manage the Free Port according to the “Instrument for the Free Port”, that is Annex VIII to the Peace Treaty with Italy. Since the 1954 Memorandum of Understanding was signed because of the Cold War, since it’s commonly accepted that the Cold War ended after the fall of the Berlin Wall in 1989, and therefore the provisional Italian administration of the FPT and also of the FTT has no longer reason to exist, the “act” to suspend the current provisions, that is Annex VIII, is illicit and implies de facto the appropriation of an international territory.


[…]

CONCLUSIONS

In 1954 the Security Forces under the control of the UN SECURITY COUNCIL SUSPENDED the protection of the Free Territory and Free Port of Trieste
And
in 2011 the ITALIAN Security Forces SUSPENDED the international sovereignty in the territory of the ORGANIZATION OF THE UNITED NATIONS.

Both SUSPENSIONS were ILLECIT AND MUST BE TERMINATED because the Free Territory including the Free Port of Trieste is a strategic sea port city with the purpose of guaranteeing the availability of the transit ways of Trieste to all international trade as well as to Slovenia and Croatia (former Yugoslavia), Italy and the States of Central Europe on equal terms, as provided for by Article 1 of the Instrument for the Administration of the Free Port of Trieste.

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“Analysis of the Treaty of Osimo from 1975”

The legal analysis of the Treaty of Osimo is divided into 3 parts:
Part 1: “Behind the secret scenes of the Treaty of Osimo 1975”
Part 2: “Analysis of the Treaty of Osimo from 1975” No. 24848
Part 3: “Analysis of the Economic Agreement of Osimo, 1975” No. 24849

Signing of the Treaty of Osimo (Ancona) 10 November 1975

Introduction:
The “Second Part” of the analysis of the Treaty of Osimo explains why this treaty cannot be regarded as a valid treaty under the international law. As already analysed in the article “The Obscuring of the International Nation of Trieste”, the Memorandum of Understanding signed in London on 5 October 1954 (MoU) cannot be regarded as a valid international agreement since it actually sanctions the MILITARY OCCUPATION by Italy and Yugoslavia of the group of sovereign States called Free Territory and Free Port of Trieste (FTT respectively FPT). The FTT and FPT form together the only international sovereign nation in the world that is DEMILITARIZED by statute; this means that its security is guaranteed by the UN Security Council.
The Italian-Yugoslav MILITARY OCCUPATION might have been justified under the circumstances of the historic period of the Cold War, a war that had become a reality after the signing of the Warsaw Pact on 14 May 1955, as opposed to the North Atlantic
Treaty Organization. This war, which consisted in a mere deployment of nuclear weapons, led to the so-called Iron Curtain that divided Europe into two blocks. But the Cold War ended conventionally with the fall of the Berlin Wall on 9 november 1989 and ultimately with the dissolution of the Warsaw Pact on 31 March 1991.
The TREATY OF OSIMO of 10 November 1975 is fundamentally based upon the Memorandum of Understanding of 1954 and is simply a silly attempt by Yugoslavia and Italy (whose only charge was to provide for the civil administration of the demilitarized International Nation of Trieste-FPT/FTT) to illegally take possession of the latter’s territory.
In the light of the present situation (2011), the decision of 1954 to hand over the administration of the International Nation of Trieste to the bordering States was very detrimental from a humanitarian and socio-cultural point of view to the local population and to the citizens born in the FTT, and also from an economic and commercial point of view to all the nations in the world, as far as the Italian administration of the Free Port of Trieste is concerned.
After reading the First Part, i.e. the interview of 15 Novembre 2010 with the then secret mediator for Yugoslavia/Slovenia Boris Šnuderl, who says that the Treaty signed in Osimo in 1975 is a “FRAUD”, we obviously wonder how it has been possible that the Treaty of Osimo was drawn up and registered at international level.
The CommitteeFPT’s comments on this pseudo-treaty have only one aim, i.e. that the citizens of the FTT and all peoples belonging to the UN can realize the fraud committed against them through an agreement that helps the Italian, Yugoslavian and local (Triestine) organized crime to intentionally exploit for its own purposes of power and money what was created in 1947 with the purpose of benefiting the whole world, as explained in the article “The Birth of The International Nation of Trieste”.

The document is made up of four sections:
1. RATIFICATION 1977 (for Italy)
2. TREATY OF OSIMO 1975
3. EXCHANGE LETTERS
4. FINAL ACT

Authentic text of the Treaty, annexes I and III, exchanges of letters and final act: French.
Authentic text of annexes II and IV: Italian.
Registered by Italy on 9 July 1987.

The Contracting Parties,

Convinced that peaceful co-operation and good-neighbourly relations between the two countries and their peoples serve the basic interests of the two States,

Considering that the agreements which they have heretofore concluded have created conditions favourable to the further development and strengthening of mutual relations,

Convinced that equality among States, renunciation of the use of force and consequent respect for sovereignty, territorial integrity and the inviolability of borders, peaceful settlement of disputes, non-interference in the internal affairs of other States and respect for freedoms and basic rights are, together with the fulfilment in good faith of all international obligations, the foundation for safeguarding peace and international security and developing friendly relations and co-operation among States,

It reads: “..and consequent respect for sovereignty, territorial integrity and the inviolability of borders,..” and also “..non-interference in the internal affairs of other States and respect for freedoms and basic rights are, together with the fulfilment in good faith of all international obligations,..”, but then it’s not clear according to which principle this bilateral Treaty cancels art. 21 of the Peace Treaty with Italy that was drawn up and signed by 21 nations including Yugoslavia and Italy […]

Confirming their loyalty to the principle of the broadest protection of citizens belonging to ethnic groups (minorities) which derives from their Constitutions and their domestic law and which each Party applies independently and drawing also upon the principles of the Charter of the United Nations, the Universal Declaration of Human Rights, the International Convention on the Elimination of All Forms of Racial Discrimination and the International Convenants on Human Rights,

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Conclusion

For all the questions related to the territory of the International Nation of Trieste (FTT/FPT), this Treaty signed in Osimo on 10 November 1975 is NULL AND VOID because it doesn’t comply with the laws in force in the said territory, stating that “… the delimitation of the frontiers for the part not indicated as such in the PEACE TREATY with ITALY of 10 February 1947”, since the Peace Treaty refers to the delimitation of the frontier between the Free Territory and the bordering States of Yugoslavia and Italy.

Furthermore the Treaty of Osimo violates the following international treaties and agreements:

• 16° Resolution of UN Security Council, 10 January 1947
• Treaty of Peace with Italy, Paris, 10 February 1947
• The Universal Declaration of Human Rights, New York, 10 December 1948
• CHARTER OF THE UNITED NATIONS, San Francisco, 26 June 1945
• Memorandum of Understanding, London, 5 October 1954
• International Convention on Territorial Sea and the Contiguous Zone, Geneva, 29 April 1958
• FINAL ACT of the CONFERENCE ON SECURITY AND CO-OPERATION IN EUROPE, Helsinki, 1 August 1975

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Detailed analysis of the

PEOPLES of the WORLD

Foreword:

The illegal, bilateral appropriation of the Free Territory of Trieste (FTT) by Italy and Yugoslavia after the approval of the Osimo Agreement in 1975 is followed by the illegal, unilateral appropriation of the Free Port of Trieste (FPT) by Italy in virtue of a judgement passed by a court of the Republic of Italy, i.e. the Regional Administrative Court of Lazio, in Rome on 16th March 2009, no. 20090267.

Original Judgement in English, Italian.

Other documents: Treaty of Peace with Italy 1947, Annex I, Annex VI, Annex VII, Annex VIII, Memorandum of London 1954, Treaty of Osimo 1975.

REPUBLIC OF ITALY

The Regional Administrative Court of Lazio, Rome,

Division III, 2 composed of:

Mr Domenico Lundini Presiding Judge and Judge Rapporteur - drafter

Mr Giuseppe Sapone Judge (Consigliere)

Ms Cecilia Altavista Judge (Primo referendario)

has pronounced the following

JUDGEMENT

on the appeal n. 10362 of 2007, lodged by the Trieste International Free Port Association, in the person of its President Prof. Francesco Alessandro Querci (Attorney), by Nordspedizionieri Due s.r.l., Logistica Portuale s.r.l, Alberti s.r.l., Vecchietti and Revini s.r.l. Trasporti e Spedizioni Internazionali, Quadrante s.r.l, Adriatic Finance & Trade s.r.l., in the person of their respective acting legal representatives. The applicants are represented and defended by Prof. Ernesto Stajano, Prof. Luigi De Stefano, Ms. Elena Orsetta Querci, Prof. Francesco Alessandro Querci, attorneys at law, and their address for service is at the office of the former of the above mentioned attorneys, via Crescenzio n. 91, Rome.

AGAINST

- the Italian Ministry of Infrastructure and Public Works, in the person of its acting Minister, represented and defended by “Avvocatura Generale dello Stato” (Italian Government Legal Service);

- the Italian Ministry of Transport, in the person of its acting Minister;

- the “Consiglio Superiore dei Lavori Pubblici” (High Council of Public Works, an Italian Authority responsible for overseeing public works), in the person of its acting President;

- the autonomous region of Friuli Venezia Giulia, in the person of its acting President, represented and defended by Mr Enzo Bevilacqua, Attorney for the Region, and by Ms Gianna de Danieli, attorney at law, with address for service at the Region Representative Office in Rome, Piazza Colonna n. 33;

- the Municipality of Trieste, in the person of its acting Mayor, represented and defended by Mr Oreste Danese, Ms Maria Serena Girali and Mr Domenico Vicini, attorneys at law, whose address for service is at the office of the latter, Via Emilio dè Cavalieri n. 11, Rome;

- the Trieste Port Authority in the person of its acting President, represented and defended by the “Avvocatura Generale dello Stato”;

- the Italian Ministry of Environment in the person of its acting Minister;

- Società Porto Vecchio s.,r.l., in the person of its acting legal representative, with address at

- Trieste Port Authority;

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The Association of the FREE TERRITORY CITIZENS with the partecipation of the FPT COMMITEE helds a public meeting on May, 13th 2011. The meeting will start at 5:30 pm on the international territory of the Free Port of Trieste, 4th PIER.
During the meeting will be presented the flyer about CIVIL AND POLITICAL RIGHTS of the FREE TERRITORI CITIZENS.

The Memorandum of Understanding (hereinafter referred the MoU) is NOT an international treaty, but a simple Letter of Intent signed by the four nations mentioned above. This quadrilateral agreement inappropriately modified the Treaty of Peace with Italy signed in Paris February 10, 1947 from 20 winning Nations and Italy that have lost the Second World War.

Furthermore the MOU try to cancel the 16th resolution adopted in New York in the 91th meeting of the Security Council of the United Nations (hereinafter referred UN) on 10 January 1947 voted with 10 nations in favor and one nation abstained.

This 16th UN Resolution approve the sovereign nation of the Free Territory of Trieste (hereinafter referred the FTT), namely the annexes of the Treaty of Peace with Italy of the creation and government of the FTT including the Free Port of Trieste (hereinafter referred the FPT), and ‘acceptance of responsibility by the Security Council itself to the following documents:

• The instrument for the provisional règime of the Free Territory of Trieste (Annex VII);
• The permanent Statute for the Free Territory of Trieste (Annex VI);
• The instrument for the Free Port of Trieste (Annex VIII);

These documents become a month after their signature integral part of the Peace Treaty with Italy.

On the basis of international law an international treaty like the Treaty of Peace with Italy, which was voted and recorded, can may be amended or canceled only if there is a numerical majority of States of the United Nations to vote in for change or cancel it. Moreover, a nation recognized by the Security Council of the UN as the Free Territory including the Free Port of Trieste, for which the Security Council itself has taken all the responsibility can not be canceled or annulled or made to disappear. The direct consequence is the cancellation of the MoU that can be considered as NULL and VOID since its signature (see attached “Fact Sheet # 2” published by the Department of Public Information of the United Nations in August 2005 and the article “The Birth of the International Nation of Trieste”, published by CommitteeFPT in May 2010).

The analysis of the MoU, complete with the “Letters of Exchange” between the Italian Ambassador to the United Kingdom of Great Britain and Northern Ireland and the U.S. Ambassador of the United Kingdom of Great Britain and Northern Ireland show the
unquestionable deprivation of their international rights to native population (Free Territory citizens) of the FTT and to UN Member States, since so far they have been kept ignorant, of the “Obscuring of the International Nation of Trieste”.

Download the full book about the Obscuring of the International Nation of Trieste

The PLT Commitee makes now available for download public speakings held at Molo IV:

July, 16th 2010
September, 15th 2010

The documents will be permanently available at “PLT Commite Docs”, “Public speakings” section.

This is the full (paper) version of our manifesto.

To view it bigger, click on it and go fullscreen.

This is the Resolution of the SECURITY COUNCIL of the UNITED NATIONS for the FREE TERRITORY of TRIESTE, voted in New York January 10, 1947

Foreword of CommitteeFPT:
In the following article we comment how a country caln legally become a member of the UN showing to you first the instruction given by the UN which can also be found online on, http://www.un.org/geninfo/faq/factsheets/memberstate.pdf and after the admission of the Free Territory of Trieste.

 — -

Can a new State or Government be recognized by the UN?
How does a country become a member of the UN?
The recognition of a new State or Government is an act that only States and Governments may grant or withhold. The United Nations is neither and, therefore, does not possess any authority to recognize a State or a Government.
The United Nations may admit a new State to its membership or accept the credentials of the representatives of a new Government. Paragraph 1 of Article 4 of the Charter of the United Nations states that it “is open to all other peace-loving States which accept the obligations contained in the present Charter and, in the judgment of the Organization, are able and willing to carry out these obligations.” The procedure is as follows:
1) The State submits an application to the Secretary-General and a formal declaration stating that it accepts the obligations under the UN Charter.
2) The application is considered first by the Security Council. Any recommendation for admission must receive the affirmative votes of nine of the 15 members of the Council, provided that none of its five permanent members - China, France, the Russian Federation, the United Kingdom of Great Britain and Northern Ireland and the United States of America – has voted against the application.
3) If the Council recommends admission, the recommendation is presented to the General Assembly for consideration. A two-thirds majority vote is necessary for admission of a new State, and membership becomes effective on the date the resolution for admission is adopted. At each session, the General Assembly considers the credentials of all representatives of Member States participating in that session. During such consideration, the issue can be raised whether a particular representative has been accredited by the Government actually in power. If controversial, this issue is ultimately decided by a majority vote in the Assembly. It should be noted that the normal change of a Government, through a democratic election, does not raise any issues concerning the credentials of the representative of the State concerned.

Below is the admission of the Free Territory of Trieste:

( click here to read the original document )

RESOLUTIONS ADOPTED AND DECISIONS TAKEN

BY THE SECURITY COUNCIL IN 1947

PART 1. QUESTIONS CONSIDERED BY THE SECURITY COUNCIL UNDER ITS RESPONSIBILITY FOR THE MAINTENANCE OF INTERNATIONAL PEACE AND SECURITY IN THE FREE TERRITORY OF TRIESTE

A. APPROVAL OF THE STATUTE OF THE FREE TERRITORY OF TRIESTE
16 (1947). Resolution of 10 January 1947
The Security Council,
Having received and examined the annexes to the proposed Peace Treaty with Italy relating to the creation and government of the Free Territory of Trieste (including an arrangement for the Free Port),1 Hereby records its approval of the three following documents:
(1) The instrument for the provisional règime of the Free Territory of Trieste;
(2) The permanent Statute for the Free Territory of Trieste;
(3) The instrument for the Free Port of Trieste; and its acceptance of the responsibilities devolving upon it under the same.
Adopted at the 91st metting by 10 votes to none, with 1 abstention (Australia)
 —  —  —  —  —  —  —  —  —  — 
1 See Official Records of the Security Council, Second Year, Supplement No. 1, annex 2.

Comment:

As can be seen in the Fact Sheet given by the UN and from the Resolution of January 10, 1947, the Nation of Trieste (Free Territory of Trieste, Free Port of Trieste and the Instrument for the provisional règime or peacekeeping force) was regularly voted by the Security Council because it had reached a quorum of 10 nations in favour of it (the minimum is 9 countries), while none of the five permanent members - China, France, Russian Federation, the United Kingdom of Great Britain and Northern Ireland and the United States of America - voted against the request.
The peculiarityof this nation is that the responsibility for it lays in the Security Council’s hands, as “Hereby records its approval of the three following documents :
(1) The instrument for the provisional règime of the Free Territory of Trieste;
(2) The permanent Statute for the Free Territory of Trieste
(3) The instrument for the Free Port of Trieste;
and its acceptance of responsibilities devolving upon it under the same.”

Please note that the Nation of Triest was requested and created by the UN and the responsibilities for the same are laying in the hands of the Security Council, and this means that it’s in conflict with the first paragraph of the UN fact sheet linked above: “Can a new State or Government be recognized by the UN?”, with the reply: “The recognition of a new State or Government is an act that only States and Governments may grant or withhold. The United Nations is neither and, therefore, does not possess any authority to recognize a State or a Government.”.
This sort of contrast shall not be confusing, as the Free Territory and Free Port of Trieste is an International Nation which is represented on a geographical and actual territory, and practically all the member states of the Organisation of the United Nations (additional note: the UN has officially no own territory “except the Free Port of Triest” and the representatives of the UN are always guests on a territory that belongs to some member state).

About the Treaty of Peace with Italy

The Article. 21.1. of the Treaty of Peace says:

“There is hereby constituted the Free Territory of Trieste, consisting of the area lying between the Adriatic Sea and the boundaries defined in Articles 4 and 22 of the present Treaty.
The Free Territory of Trieste is recognized by the Allied and Associated Powers and by Italy, which agrees that its integrity and independence shall be assured by the Security Council of the United Nations.”

Regarding the Free Territory

In “The permanent Statute for the Free Territory of Trieste” there’s no request made by the population of Triest, that actually lives in this country, to the UN, and so this population exists theoretically as a citizenship called “original free territory citizens” see the Permanent Statute, Annex VI, art. 6 that quotes “Italian citizens who were domiciled on 10 June 1940 in the area comprised within the boundaries of the Free Territory, and their children born after that date, shall become original citizens of the Free Territory with full civil and political rights….”, but since the implementation depends on the Security Council see Annex VI, art. 38 quoting:

“The present Statute shall come into force on a date which shall be determined by the Security Council of the United Nations Organisation”

and the Security Council up to now hasn’t determined the date, we are in fact in front of a ghost population of a geographically and factually existing territory.

Regarding the Free Port

In the recording of “The instrument for the Free Port of Trieste”, which is an international State with its own legislation as well as quoting verbatim from Annex VIII, art. 1.2. “The international regime of the Free Port shall be governed by the provisions of the present Instrument” and Art. 2.1. “The Free Port shall be established and administered as a State corporation of the Free Territory, having all the attributes of a juridical person and functioning in accordance with the provisions of this Instrument” and art. 3.2.

“The establishment of special zones in the Free Port under the exclusive jurisdiction of any State is incompatible with the status of the Free Territory and of the Free Port”

the matter is different, because this State doesn’t have itself a statutory population.

In fact, the land is owned by all member states of the UN, but what is undeniable is that it must be governed by the “permanent Statute of the Free Territory and by the Instrument for Free Port”. Considering that the Instrument for Free Port of Trieste is undisputed since its registration and does not need to be implemented as the Permanent Statute of the FTT, see Article 38 above, it’s accepted that the FTT does exist and thus the native population (Free Territory citizens) also factually exist, because the latter is invoked just to manage the State of Free Port of Trieste in Article 18.3. quoting “All other employees of the Free Port will be appointed by the Director. In all appointments of employees preference shall be given to citizens of the Free Territory” and in article 21.2.

“The representative of the Free Territory shall be the permanent Chairman of the International Commission. In the event of a tie in voting, the vote cast by the Chairman shall be decisive.”

The International Commission is needed by the participating nations to promote their commercial interests and to approve the projects for the development of the port area, but without the representative of the FTT, which is the permanent Chairman of the International Commission, it is impossible to achieve these interests and developments, putting the port in operative conditions. The first task of the representative of the FTT is to call the representatives of the nations that make up the International Commission to take office in the Free Port to bring virtually all interests in communication with each other or reported verbatim in article 22 “The International Commission shall have its seat in the Free Port. Its offices and activities shall be exempt from local jurisdiction….”. Practically, the UN has a territory of its own with a Headquarter that is commercially exploitable.

Regarding the instrument for the provisional règime of the Free Territory of Trieste

or, the Peacekeeping Force for protection of the FTT and FPT.

In recording “The instrument for the provisional règime of the Free Territory of Trieste”, the Security Council takes its responsibilities for a military government which was managed by peacekeeping troops of Great Britain, United States of America and Yugoslavia. The military government had the mandate to prepare the territory (FTT/ FPT) for the Governor that would have managed, with the Council of Government of the FTT, the country in a civil and democratic way. Unfortunately, for reasons of contrast within the Allied powers of the Second World War, which then caused the Cold War, the Security Council could not find a Governor to unite geographically and politically the territories of zone A and B and the free territory citizens that live in the respective territories, as from the Permanent Statute of the Free Territory of Trieste.
Since 1989 or since the Cold War ended, these troops are not neccessary anymore;
what nation would take possession of a port that belongs to all nations, as well as the nation itself (FPT) or of a country that offers the chance of political, commercial and cultural exchange at a global level, as guaranteed by all nations (FTT)?

Summary:

• The Free Territory of Trieste is approved and implemented as a part of the Treaty of Peace with Italy, which is not disputed: IT’S POSSIBLE (SE POL)
• The Permanent Statute of the FTT is approved but not implemented, and here are defined the free territory citizens: IT’S NOT POSSIBLE (NO SE POL)
• The Instrument for the Free Port is approved and implemented and within it’s defined that the free territory citizens must manage their own port: IT’S POSSIBLE (SE POL)
• The Instrument for the provisional règime of the Free Territory of Trieste is approved and implemented therefore the free territory citizen are guaranteed by the Security Council for the application of the Human Rights: IT’S POSSIBLE (SE POL)

The Free Territory and Free Port of Trieste were requested and created by the UN as examples for the peaceful coexistence of peoples of all nations, and the Free Territory Citizens were chosen to manage this International Nation, unique in the world.

Download the full pdf about the Birth of the International Nation

This is what we mean here, when we say “Trieste”.

Click on the map to visualize it in high-definition, and to better know the territory we’re referring to.

(This specific map is in only one of the official languages: italian)