Crimen and Criminals  

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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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