In a controversial ruling, Italy's Supreme Court ruled that fascist salutes at rallies are legal as long as they do not endanger public order or promote the restructuring of the country's illegal fascist party. These considerations sparked negative reactions from parts of Italian society, including opposition members and Jewish community leaders who have pledged to mobilize against the measure.
The incident that triggered the decision
The Supreme Court's decision came after an incident in Rome in which more than 150 men were filmed giving a fascist salute, sometimes called the “Roman salute.” The greeting was given as part of an event to commemorate the murder of two members of a rightwing extremist youth group on January 7, 1978. However, the court's decision is not related to this specific incident.
Trial of men with fascist celebrations in Milan
The Italian court ordered a second appeal against eight men convicted of performing the fascist salute during an event in Milan in 2016 commemorating the 1975 killing of a militant from the neofascist movement CasaPound. Date for analysis of the second appeal.
The Italian justice system
In the Italian system, all criminal cases go through three stages: the appeal (first degree), the automatic appeal (second degree) and finally the High Court of Cassazione, which decides whether the case should be referred back to the Court of Appeal or not confirmed. and closed.
The Cassazione court must take into account the threat to public order and the attempted restructuring of the fascist party in Italy when deciding the case. The lawyer for two of the defendants, Domenico Di Tullio, explained: “The Roman salute is not a crime unless there is a concrete threat of the reconstruction of the fascist party or there are concrete targets of racial discrimination and violence.”
Italy is still grappling with the scars left by the era of fascism, and this court decision sets a legal precedent that is likely to spark further debate and controversy in the country.