the crime of apologizing for fascism confirmed by the Supreme Court, but the convictions still very hypothetical

According to the judges, the offense is not obvious in the context of a commemoration and if it is not proven that the people performing the “Roman salute” have the objective of resuscitating the fascist party.

The “Roman salute” constitutes an offense of apologizing for fascism, the Italian Supreme Court ruled on Thursday January 18, but the Constitution “opened” of the republic makes the convictions very hypothetical in this matter. The country’s highest criminal court was in session after a January 7 rally in Rome during which hundreds of people made the fascist salute in front of the former Roman headquarters of the Italian Social Movement (MSI). This party was formed by supporters of Benito Mussolini (in power from 1922 to 1943) after World War II.

Prime Minister Giorgia Meloni, co-founder of the post-fascist Fratelli d’Italia party, was roundly criticized by the opposition for having remained silent on this demonstration, the images of which went around the world. All chambers combined, the Italian Court of Cassation (also called Supreme Court) considers in its decision that the appeal ceremony, by which the participants in a fascist demonstration respond “present”as well as the “roman salute” (outstretched arm) are punishable by law.

“Take concrete danger into account”

These are rituals “evocative of the gestures specific to the dissolved fascist party” after the Second World War and as such they fall within the scope of article 5 of the so-called “Scelba” law dating from 1952, said its judges. The offense is not, however, evident in the context of a commemoration and if it is not proven that the people who carried it out had the intention of resuscitating the fascist party. “It suits”to sanction, they add, “to take into account the concrete danger of reorganization of the dissolved fascist party”an almost insurmountable obstacle according to the lawyers interviewed by AFP.

Another text can, however, be invoked against such public demonstrations: the so-called “Mancino” law of 1993, which punishes acts of discrimination or violence of a racial nature. But again, it will be up to the courts to decide. In support of their conclusions, the supreme judges decided on a new appeal trial for eight activists who had made the fascist salute during a commemorative ceremony in 2016, and who had been convicted in second instance.

For the lawyer of two of them, the decision of the Court of Cassation vindicates them. “In Italy, we do not punish opinions,” rejoiced Domenico Di Tullio, quoted by the Ansa agency. The small neofascist group CasaPound welcomed “a victory” while for the President of the Senate Ignazio La Russa, an admitted fan of busts of Mussolini, the decision of the Supreme Court “needs no comment”.