In the war on terror something is wrong: while, in the aftermath of the attacks in Barcelona and the capture of one of the (alleged) killers (the Moroccan Younes Abouyaaqoub), the king of Morocco, Mohammed VI, decided to grant the royal pardon (royal pardon) to four hundred and fifteen people, of whom fifteen were convicted of terrorism, without any reaction from some European leader (for heaven's sake: the act in question is internal to a sovereign state, but also including some terrorists, perhaps, at least for the latter, some political grievance could have been made, even with regard to the historical context in which it was put in place), the Italian Prime Minister, Paolo Gentiloni, for his part, noted that no country (nor Italy) could consider itself immune from the risk of attacks, but continues to move forward with sentences that now sound empty and comfortable even to the most obtuse of citizens ("The terrorists will not force us to renounce our freedom": Net of the fear of people, which is a variable parameter and difficult objective confirmation, one wonders how to define, then, the means of the army on the street, the anti-crash barriers - cd Jersey - that surround the most sensitive sites, and so on, if not, however, just as a "renunciation" - necessary, given the situation - to the liberties, even if only regarding the aesthetic disfigurement that derives from it - the reference is to the barriers) and to marry policies (see, for example, to reform - simplifying it in the modalities - the legislation on citizenship, with particular reference to the ius soli) to say the least not appropriate at this time in history.
Precisely in this regard, a fleeting mention deserves an article appeared last June on "The Guardian" (v. link), in which, among the reasons that Italy, until today, has remained free from terrorist attacks, there is, in addition to the skills and experience acquired by Italian police and intelligence in the years of fighting terrorism and mafia, and the lack Fortunately, there are enormous suburbs of the Parisian type (territories difficult to control), also the fact that, in our country, there is not a large population of second-generation immigrants with citizenship and, therefore, easier to keep under surveillance.
But above all, net of these considerations, continues to amaze, in this regard, the foreign policy of the European Union that last 17 July - made little publicized by the news - has decided (Council Implementing Decision -Cfsp- 2017 / 1341of 17 July 20171) to impose sanctions against sixteen (presumed, I love to add, as a jurist) people, between Syrian officers and scholars ("In view of the gravity of the situation in Syria, in particular the use by the Syrian regime of chemical weapons and its involvement in chemical weapons proliferation, 16 persons should be added to the list of natural and legal persons, entities or bodies subject to restrictive measures in Annex I to Decision 2013/255 / CFSP"), Accused of taking part, in various capacities, of some chemical attacks in the country against the civilian population. Well, among the new members on the list attached to 2013 / 255 / CFSP2 ( "concerning restrictive measures against Syria"), Is also the general of the parachutists Issam Zahreddine, commander of the Syrian stronghold of Deir Ezzor, who, in these days (v. article), after fifty months of uninterrupted siege, is at the center of an intense attack by the jihadist militias that, pushed by the advance of the regular army, are literally chased and forced to pile up all around the Euphrates, where probably the mother of all battles.
By simply analyzing the position of General Zahreddine, the decision of the EU Council in question, which resulted from a specific proposal by the High Representative of the Union for Foreign Affairs and Security Policy, Federica Mogherini (photo), actually , seems to lack a valid motivation, not supported not only by a minimum probation basket, but also by a set of indications that can make presumptuously guilty the person concerned.
Among the "Reasons", in fact, it is written that the aforesaid (Mr. Zahreddine), would be involved in the violent repression against the civilian population, including the siege of Baba Amr in February 2012 ("Holds the rank of Brigadier General, a senior officer in the Republican Guard, in post after May 2011. As a senior military officer he is responsible for the violent repression against the civilian population, including during the siege of Baba Amr in February 2012"): However, neither the details of such an accusation, nor the evidence, as mentioned, on which it is based are known.
What seems certain, is that the military in question has always been one of the greatest fighters against the Caliphate, having inflicted numerous defeats on him.
If crimes have been committed by the aforementioned, it is clear that he should be called to respond, but in the appropriate places and with the due guarantees that are due to each defendant; not to mention that, without wanting to justify, it is also true, however, that history is full of examples in which it was preferred to overlook certain facts when committed by people who, therefore, have contributed to defeating or destroying evils considered in that worst moment. And, in any case, given the context, the European Union does not seem to have shone for timing or political opportunity for what has been done.
The procedure
As can be seen from the text of the 2013 / 255 / Pesc Council Decision of 31 May 2013 (relating, as already mentioned above, to restrictive measures against Syria), Member States may take a series of measures against natural persons and judges responsible for the violent repression against the civilian population in Syria: among them, in addition to the ban on the sale of oil, the freezing of some investments and assets of the central bank of Damascus held by the same EU, the termination of commercial and technological collaborations , those referred to in Chapter VII, entitled "Restrictions on admission", art. 27, co. 1, according to which "Member States shall take the necessary measures to prevent the entry or transit into their territory of persons responsible for the violent repression against the civilian population in Syria, of persons benefiting from the scheme or supporting it, and of persons associated with them, listed in Annex I", And those referred to in Chapter VIII (" Freezing of funds and economic resources "), art. 28, co. 1, in whose mind "All funds and economic resources belonging to, owned, held or controlled by persons responsible for the violent repression against the civilian population in Syria, by persons or entities benefiting from the regime or supporting it, as well as by persons and entities associated companies, listed in Annexes I and II".
The registration of persons on the lists referred to in the aforesaid attachments is made by the Board itself, which decides on the proposal of a Member State or the High Representative of the Union for Foreign Affairs and Security Policy (Article 30, co 1: "The Council, acting upon a proposal by a Member State or the High Representative of the Union for Foreign Affairs and Security Policy, shall establish and amend the lists in Annexes I and II").
Subsequently, the Board will have to transmit its decision (on the inclusion in the list and related reasons - see, on the latter - what was stated in the article 31, co.1, according to which "Annexes I and II shall include the grounds for listing the persons and entities concerned") To the person or entity concerned, directly if the address is known, or by publication of a notice, otherwise, giving the same (person or entity) the opportunity to submit observations (Article 30, co 2: "The Council shall communicate its decision on listing, including the grounds therefor, to the person or entity concerned, either directly, if the address is known, or through the publication of a notice, providing such a person with an opportunity to present").
In short, between a siege and the other, the general in question will have to take the time to check the Official Journal of the European Union ("Official Journal of the European Union"), as long as some clever postman, surpassing the militiamen of Isis , not in the meantime, managed to enter Deir Ezzor, to bring the precious decision in the hands of the accused or, apparently, of the already condemned.
1http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv:OJ.L_.2017.18...
2http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32017D1341
(photo: web / EUNAVFOR MED)
