Condemned imam in Milan

Abu IMAD was found guilty for delinquency association aggravated by conspiracy for terrorism. Other 10 defendants recognized responsible for the same offence. Milan, the imam of Jenner avenue sentenced to 3 years and 8 months

MILAN - The imam of Viale Jenner Abu Imad was sentenced by the judges of the Second Court of Milan to 3 years and 8 months in prison for criminal association aggravated by the purpose of terrorism. With him were sentenced ten other defendants, all accused of that crime, to sentences ranging from 2 years to 10 years, while four other defendants were acquitted for not having committed the fact. For many of the accused the court has ordered the expulsion from a penalty expiated.

For all prisoners, said the deputy prosecutor Armando Spataro, «were regarded as aggravating the purpose of terrorism». Shot To that today is «a judgment that comforts, a careful judgment that has been able to analyze the facts and believed, importantly, to the statements made by the collaborators.»

For the 15 defendants had asked the Prosecutor sentences ranging from 4 1⁄2 years up to 16 years. All were suspected of having formed a cell active in Milan and Lombardy, devoted mainly from recruitment of suicide bombers, illegal immigration or for young Muslims.

Allegations that despite the condemnation, the defender Abu Imad, the lawyer Carmelo Scambia continues to reject. The sentence, the lawyer said, has established «unjust sentences but not excessive» given the gravity of the accusations. «I was and I remain sincerely convinced,» he explained legal-of absolute extraneousness Abu Imad these events. At the time I witnessed was heard as a witness and then did not reveal anything different. «

The imam of viale Jenner has silently witnessed the reading device, the reasons for which will be filed within 90 days, then went away from the Court. (la Repubblica December 20, 2007)

Remarks

The condemnation of Milan Imam Abu Imad and the other 10 had already awaiting after the start of the process on April 3, 2007. After the judgment of the Court of Cassation No. 1152 of 2006 all trials of Milan Court for terrorism were standardized. The most striking example was the trial of Daki M., Bouyahia and Toumi. They were met by the crime of international terrorism (270 bis cp) in the first instance and on appeal. After the acquittal, however, the judgment of Cassation, 2006, detected some defects in the interpretation of the principles of law and evaluation of evidence, overturned the decision and decided to celebrate again the process of second degree to which the three were acquitted. Daki and others were then condemned to sentences of four to six years.

That judgment of Cassation has further widened the definition of terrorism, arguing that «an act of terrorism also against a military target, when the specific and concrete factual situations do seem certain and inevitable consequences of the serious damage to life and the physical safety of civilians helping to spread in Community fear and panic «. Following it, all processes for international terrorism in fact merely determine the extent of condemnation, because the association with a criminal purpose of terrorism is almost certainly always recognized.

The process against the imam Abu Imad (and others) was founded, as the background, even on telephone interceptions to which are added, are a crucial statements of three repentant. Precisely statements of repentance were the subject of numerous discussions, as a result of this process, in relation to their credibility.

The role of repentant is crucial in these processes. Without their support castle accusatory Prosecutor Milan is sometimes too weak, as in the case of three Moroccans acquitted in May of this year.

The questioned in the process of repenting Imad threatened to undermine the validity of the proceedings already held. In this sense it should be read satisfaction prosecutor Spataro relatively recognized the credibility of the statements of employees. However, the reliability of the latter seems to be not yet definitively established. The acquittals, in fact, were four and extent of punishment applied has been reduced compared to the requests made by the prosecutor. This is a question can be resolved only after the publication of the judgment reasons.