Crimen and Criminals
English Version
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The Italian authorities held to avoid every collusione with those
Germans in judicial field, rejecting the demand to supply a judge to add
to the German military court when they had to be judged military
italiani'. Wagener threatened, in case of killing of a German soldier,
the execution of ten pertaining to the community of the colpevole'. In
February 1944 a decree of the Commander of the island of Rodi' previewed
that who refused to execute the jobs ordinatigli from an office of the
Armed Forces or other authorized office, came punished with the jail,
the life imprisonment and, in the more serious cases, with the pain
understood them.
In you open them 1945 Wagener perceived that who refused the job was
"a saboteur", reserving therefore the application without reservoirs
of the surricordate pains and pushing themselves to threaten, in case
of collective abandonment of the job, the execution, on every ten that
refused, of one extracted to fate "for giving an example
intimidatorio". Between 1944 and 1945, like measure apt to face the
most serious scarcity, those people, civil or military came threaten
you of died all, that they embezzled produced agricultural or they
were thought guilty of slaughtering clandestina". The extreme rigor
that the German Commander showed also in the cares of the own soldiers
who, also enjoying an alimentary portion, became such guilty of reati'
58, more often hit but the captive Italian soldiers, which were more
easy induced to steal to ortaggi or cattle because they received an
insufficient portion while they were forced to laborious jobs.
That rigor had not seemed to appropriate Faralli towards "a poor
father of family that sees its sons to die literally of fame""9, ché
such was not the situation of the Rodioti. The German general had to
remain irritateed from the mitezza with which the Italian
magistrates they punished the trasgressori of the food norms and
"the ladri of some cabbage". From the end of 1943 the development of
the judicial activity in Aegean seriously remained intralciato,
because of the shortage of magistrates and the difficulty of
communications between the islands. The Direction of the
Transactions of Justice, entrusted to the consul judge Rino Rossi"0
president of the Appeals Court, remained cut outside from the higher
authorities in Italy consequently, in quality of head of the
judicial services of the Possedimento, Red assumed all at least the
functions remitted from the law to the Attorney general for the
intransgressible cases, like those previewed from articles 147 and
176 of criminal code and 589 of the criminal procedure, concerning
the differimento of the execution of the pain.
Reached in Northern Italy like envoy of the Government of the
islands, it obtained in April-May 1944 a decree of the Duce with
which the power of grace in Aegean came delegated to the ' Vice
Governor in absence of the Governor, and the facoltì being up to
the Guardasigilli they were conferred the Director of Justice; the
penal judge of the Possedimento, pronouncing the sentence, could
declare it executive in spite of the proposizione of a resource in
Cassazione' 62. Such decree Faralli would turn out sended to Rodi
in giugno' 63 had only emitted in May a decreto' "in which it was
previewed that, in case of presentation of grace question, the
Governor could arrange the differimento of the execution of the
pain, or to suspend the execution in course, for the period of
time that had thought opportune.
The situation of the prisoners during the scarcity was critical
because, also receiving a advanced portion to those extremely
meager of the civil population, they could not make purchases
R-al.mercato black and not make search in campaign of wild
vegetables more or less eatable us; "it was dealt in great part
of tarati individuals or people whom it had stolen for hunger
and therefore, in both cases, with minorata physiological
resistance. Null therefore of strange that they have been
between they quite of the dead men of hunger like of the rest ve
of they were by now numerous every day between the rest of
popolazione"' the 65. The Vice Governor and the magistrates
decided to try to alleviate the situation of the prisoners. The
magistrates made wide use of the sentence condition them, and to
those who they had discounted more than half of the pain the
liberation was granted nearly always conditions them. Faralli
graziò some prisoners and to whom they appeared not dangerous
granted sospensione' the 6 ' to indeterminato time of the pain,
while those that they were found in gets worse health conditions
made them to ricoverare in hospital. Towards March 1945 Wagener,
known that the supplyes of provisions of the jails almost were
exausted, proposed that they came delivered the prisoners to it,
so as to to be able to employ them in jobs corresponding they
the vitto. Faralli answered negatively, because the civil
Government had the responsibility of the treatment of the
prisoners and he could not leave them in other people's hand to
discount a different pain from that one that she had been they
inflicted. Wagener made to call the attorney general Carmelo
Nail, director of the jails, obtaining an other refusal. After
some day a squad of military Germans introduced itself to the
jails making oneself to deliver to all the prisoners except the
women and those in attended of judgment. The new protests of
stopped the Italian authorities obtained alone the two release
that they had introduced resorted to the Appeals Court. The
prisoners were lead in a called concentration camp House of the
Pines, where they remained until the term of the war, without
possibility to receive visits of relatives or clergymen and
being endured to you, like already the captive Italian soldiers,
pessimo a treatment also R-with regard to the vitto, a lot that
some of they died.
Since general Wagener had declared that also in happening he
would have captured from the jails the condemned, the Vice
Governor decided that the stopped preliminarys investigation
referring to whose sentence appeared sure was pulled for the
long ones, or that the condemned invited itself, ogniqualvolta
the crime did not allow the sentence conditions them, to
introduce endured the resource in appeal. Faralli, finished
the conflict, had to declare 171 that after september 1943 the
courts of the Possedimento were not taken care of political
crimes, since, except rare exceptions, the police abstained
itself of the sort from denunciations and, if these came made,
she supplied to make to record them the Director of the
Transactions of Justice, loads held at first from Red and then,
after the departure of these last for the Italy, assumed
directly from the Vice Governor subentrate British authorities
in May 1945 they certifyd that, between the processes carried
out during the German occupation from an Italian court, ve n'
it was not some of nature political72. Faralli also specified
that "our courts even abstained applying the German decrees
every qùalvolta the crimes are pursued formed object of decree
governatoriali even if of front date to the decrees".
15 an October 1944 Wagener emitted an Appeal to the Italian
population of the Dodecaneso, with which it ordered that all
the having men Italian citizenship from the seventeen to the
sixty years, than they did not belong already to the Rodi
Regiment (that it comprised the adherent Italian soldiers to
the Germanic Armed Forces like combatants, capeggiati from
the greater Cerulli) or to the Republican National Guard (those
police officers, commands you from the lieutenant Mittino
colonel, that they had juror fidelity to the RSI and were to
the orders of the civil Government) that they did not lend
already service like combatant or working supporters near
German units, were introduced to the offices of the military
district, for being it enlists to you in the Rodi Regiment
"or in the forehead of inner defense for jobs of war
importance, if necessary also in the occupied places up to
now ". Nobody could sottrarsi to the obligation of the
military service or of the civil mobilitazìone, neanche it
employs to it to you or collaborating of the Government; who
had refused would have been carried in concentration camp
and treaty second the military law, while its patrimony
would be passed to the State. The Appeal finished therefore:
"the employment of whichever measure does not scare me also
to lead indifferently all the Italian men of the Dodecaneso
on the forehead of the defense. To forehead PUO' to fall
itself, who abstains fighting the battle for its people MUST
fall "(the capital letters is in originates them).
The threatening one proclama had not happened, because the
little young people that could not have sottrarsi to the
call had been made to enlist from Faralli in the police
officers, while the others demonstrated of being employ to
you in indispensable activities; the German Commander
observed that the new ones enlist to you could have
enjoyed better supplying, but only 25 Italian citizens
declared themselves available, of which approximately the
half turned out unskillful. The Italian Regiment churches
to the German Commando of being recognized which
integrating part of the army of the RSI and Berlin
consented.
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