Milan / Geneva, May 10, 2014. We must not be deceived by the "happy ending": we need a careful analysis of the victories of the human rights defenders Roberto Malini, Matteo Pegoraro and Dario Picciau in the law courts. The court cases are a sign of the gravity of the abuse of the law and the judicial system that aims at suppressing humanitarian activism in Italy, activities that represent the last bastion against the persecution of ethnic minorities and the Roma people in particular.
The charges? In the first judicial proceedings brought by the prosecutor's office, the activists were accused of libel against the social services and a town councillor for stating that the removal of children from Roma families, based solely on their poverty, is an abuse. After a year of investigation and committal for trial, the case was filed. EveryOne Group was aided in the legal case by appeals to the Italian government from the United Nations, the European Commission, FrontLine Defenders and many other international organizations.
In the second proceedings, Roberto Malini and Dario Picciau were charged with disruption of public service Two police officers claimed that the two human rights defenders had disturbed a police check of some young Roma men. After a conviction, without even the right of defence, through a "penal decree of conviction” (a legal instrument considered illegitimate by many Italian constitutionalists) the activists won the appeal and were acquitted on all counts because their humanitarian action "did not constitute a crime".
In the third case, Roberto Malini, Matteo Pegoraro and Dario Picciau were accused of “aggravated defamation” for having communicated to the local press that a hospital had refused to examine and treat (first in A&E , and then in the Oncology Unit) a Romani woman with cancer who was in the throes of excruciating pains in the head and abdomen. After six years of hearings and postponements, the activists were acquitted on every count by the judge at the Court of Milan, "because the fact does not exist". In this case too, the United Nations , the EU institutions and international civil society showed their support, demanding a fair trial and an end to the persecution of EveryOne Group.
We must not assume, given the acquittals on every count, that justice triumphed in the end, as despite the three legal proceedings and the many cases of police repression overcome thanks to the experience and diplomacy of EveryOne Group's founders, the group’s humanitarian work - after so many attacks – has become more and more difficult. It is constantly subjected to restrictions of freedom of expression and actions in defence of persecuted people.
And all this without taking into account the expensive legal fees that have decimated the already limited resources of the organization. The campaigns are self-financed, and assistance is provided with its members own savings. Fortunately, the activists did not incur expenses for the recent trial at the Court of Milan, thanks to the generous support of their lawyer, Paola Pasquinuzzi.
Due to the institutional persecution (together with the threats from racist groups and inclusion in the neo-Nazis’ “black list”) over recent years EveryOne Group has lost many of its Italian members, who were fearful of being harassed. At the same time its Roma activists have been subjected to violence, intimidation and repressive measures of unprecedented severity. Some of them were forced to flee Italy and take refuge in other countries, or at least to give up their humanitarian work.
From the ISHR report 2014: "Judicial harassment has been used to hinder the activities of human rights defenders. In the weeks following Italy's last UPR, Front Line reported two sets of charges against the leadership of the EveryOne Group as 'a direct result of their legitimate human rights activities'. The Group's activities focus on the protection of the rights of the Roma population. Since being charged, the activists have suffered threats and harassment.. (...) Having submitted communications to the OHCHR and European human rights mechanisms, the leaders of EveryOne Group suffered an increase in threats.
The presidents of EveryOne Group have experienced an increase in threats after coming into contact with the OHCHR and European mechanisms of human rights. (...) Italy does not have a national human rights institution (NHRI ) that offers solutions to protect HRDs and journalists, despite the recommendation is to establish one by the United Nations High Commissioner for Human Rights and the 16 states present UPR held in Italy in 2010”.
The human rights defenders who are continuing their activities within the group, however, continue to represent an essential defence of vulnerable minorities and persecuted people. So far their work has been crucial for improving the reception of refugees into the European Union; obtaining the intervention of the institutions against traffickers in human beings and organs; helping poor and marginalized people to obtain access to medical care, and preventing serious abuse against excluded minorities and those living in hardship.
Thanks to the experience and abilities of its activists, new non-violent strategies have been put in place, and EveryOne Group has gained the support in many of its campaigns of the main international organizations involved in the protection of fundamental human rights.
In this world, that surprises us every day for its scientific and technological achievements, but which seems increasingly indifferent to human rights violations that lead to suffering and death for millions of people every year, EveryOne Group - despite the obstacles - is committed to creating a different future, a future in which the life and dignity of human beings are no longer sacrificed on the altar of greed, hatred and indifference.
In the photo, from left to right: Dario Picciau, the lawyer Paola Pasquinuzzi, Roberto Malini, Matteo Pegoraro and human rights defenders from EveryOne Group Fabio Patronelli, Steed Gamero and Ipat Ciuraru.
