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Riassunto del caso Battisti e l’orgia mediatica delle destre in piazza

Riassuntino personale dei fatti cercando di capire perché intellettuali come Bernard-Henry Lévi, Daniel Pennac, Gabriel Garcìa Màrquez e Fred Vargas diano solidarietà a un personaggio come Battisti.

1. Non esisterebbero prove certe della sua colpevolezza, ma solo dichiarazioni di suoi ex compagni pentiti;
2. Non è stato condannato come esecutore materiale del delitto Torregiani, bensì come organizzatore dell’agguato. Il figlio del gioielliere fu ferito per errore da un proiettile sparato dal padre, non dal terrorista rosso;
3. Per il delitto Sabbatin, Battisti fu accusato dal pentito Pietro Mutti, ma in un secondo tempo il militante dei PAC, Diego Giacomin (ex militante dei PAC dissociato), confessò di essere stato lui a eliminare il macellaio. Teniamo conto che i delitti Torregiani e Sabbadin sono avvenuti quasi in contemporanea quindi o ha partecipato all’uno o all’altro;
4. Per l’omicidio Santoro (maresciallo della Polizia penitenziaria) è sempre Mutti ad accusare Battisti, ma in seguito quest’ultimo è costretto ad ammettere di essere lui stesso l’assassino del maresciallo;
5. Campagna (digossino), invece, ha un assassino reo confesso: Giuseppe Memeo. Tuttavia, sempre secondo il super pentito, Battisti avrebbe agito insieme a Memeo;
6. Per il Ministro della Giustizia brasiliana Tarso Genro l’iter giudiziario non è del tutto trasparente per questi 3 punti: il ricorso alla tortura per estorcere confessioni in fase istruttoria, l’uso di testimoni minorenni e/o con turbe mentali, la moltiplicazione dei capi d’accusa in base alle dichiarazioni di un pentito di incerta attendibilità;
7. Battisti non è in vacanza bensì si trova da quasi due anni in un carcere brasiliano. Ha solo ottenuto asilo politico.

Al termine del processo di primo grado Battisti, arrestato in origine per imputazioni minori (possesso di armi, che peraltro risultarono non avere mai sparato), si trovò condannato a dodici anni e mezzo di prigione (per possesso d’armi!!).
Dunque in secondo grado la condanna fu tramutata in 2 ergastoli.
Questo mentre Mutti, colpevole di omicidi e rapine, e per sua stessa ammissione fondatore del PAC, sconta solo otto anni di prigione e vive libero da un pezzo. Un privilegio condiviso con l’uccisore di Walter Tobagi (anche quel caso, su cui permangono molti dubbi, fu istruito da Armando Spataro), con il pluri-omicida Michele Viscardi e con molti altri pentiti.

Battisti per sua stessa ammissione faceva parte del gruppo che rivendicò l’attentato, i Proletari Armati per il Comunismo (PAC), uno dei molti gruppi armati scaturiti, verso la fine degli anni ’70, dal movimento detto dell’Autonomia Operaia, e dediti a quella che chiamavano “illegalità diffusa”: dagli “espropri” (banche, supermercati) alle rappresaglie contro le aziende che organizzavano lavoro nero, fino, più raramente, a ferimenti e omicidi.
Come tutti i gruppi autonomi non puntavano né alla costruzione di un nuovo partito comunista – come invece per le Brigate Rosse -, né a un rovesciamento immediato del potere. Cercavano piuttosto di assumere il controllo del territorio, spostandovi i rapporti di forza a favore delle classi subalterne.
Cesare Battisti rinunciò a difendersi perché a quel tempo i militanti dei gruppi armati catturati si proclamavano prigionieri politici e rinunciavano alla difesa perché non riconoscevano la “giustizia borghese”. Battisti vi rinunciò perché disse di dubitare dell’equità del processo.

Il processo non fu regolare se non nel quadro delle distorsioni della legalità introdotte dalla cosiddetta “emergenza” di quegli anni: effetto probatorio di confessioni sotto tortura, o in base alle dichiarazioni di un pentito di incerta attendibilità (ricordiamo che in Italia non è mai esistito il reato di tortura).
Quando oggi i magistrati parlano di “prove”, si riferiscono all’incrocio da loro effettuato tra le dichiarazioni di vari pentiti (Mutti e altri minori) e gli indizi indirettamente forniti dai “dissociati”.

Per la legge con la denominazione di “pentito”, se ci riferiamo ai gruppi di estrema sinistra, vengono così chiamati quei detenuti per reati connessi ad associazioni armate che, in cambio di consistenti sconti di pena, rinnegano la loro esperienza e accettano di denunciare i compagni, contribuendo al loro arresto e allo smantellamento dell’organizzazione.
Ma la logica della norma faceva sì che il “pentito” potesse contare su riduzioni di pena tanto più elevate quante più persone denunciava per cui, esaurita la riserva delle informazioni in suo possesso, era spinto ad attingere alle presunzioni e alle voci raccolte qui e là.
(Di fatto una figura del genere esisteva già alla fine degli anni ’70, ma entra stabilmente nell’ordinamento giuridico prima con la “legge Cossiga” 6.2.1980 n. 15, poi con la “legge sui pentiti” 29.5.1982 n. 304.)
Ogni denuncia era seguita da arresti, tanto che la detenzione diventò arma di pressione per ottenere ulteriori pentimenti.
Il “dissociato” invece è chi prende le distanze dall’organizzazione armata cui apparteneva e confessa reati e circostanze che lo riguardano, senza però accusare altri. Ciò comporta uno sconto di pena, anche se ovviamente inferiore a quello di un pentito.
Tutto ciò in altri paesi (non totalitari) sarebbe ammesso in fase istruttoria, e in fase dibattimentale per il confronto con l’accusato. Non sarebbe mai accettato con valore probatorio in fase di giudizio. In Italia sì.
L’obbiettivo non è quindi quello di attribuire a ciascun reato la sua relativa condanna, bensì quello di smembrare l’organizzazione politica e colpire tutti i suoi membri, a prescindere dai capi d’accusa.

____________________________________

Celtiche e saluti romani: neofascisti in piazza contro Battisti (4 gennaio 2011)

Da femminismoasud

Parlo con una ragazza e mi dice “ ‘azzo ne so io di quello che succedeva negli anni settanta…” e capisco che il mondo di oggi è fatto di persone come lei che si bevono come fosse acqua ogni stronzata che passa in televisione, perchè non hanno memoria e non comprendono quale trucco sia nascosto dietro i mille revisionismi di un fascismo che torna a restaurare la propria posizione.

Però è sempre lei che mi chiede “ma secondo te che ci fanno i fascisti, quelli del pd, i pidduisti, i giustizialisti di repubblica e unità, i legalitari del fatto quotidiano, tutti assieme appassionatamente a chiedere l’estradizione di Battisti?“.

Già. Che ci fanno?

Qualcosa da leggere, per lei e quelle che come lei hanno voglia di capirci qualcosa di più.

Tutto il dossier sul caso Battisti su Carmilla Online.

Lettera di alcuni italiani all’estero sulla decisione di Lula

Da Indy nord est –  A proposito di “uso criminale” della Tv e dei media …

-Gigio-

296 risposte a “Riassunto del caso Battisti e l’orgia mediatica delle destre in piazza”

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