Sunday, February 20, 2011

Ruby, B. wants to go to the Court of Strasbourg

A few days after the Foreign Minister Franco Frattini on the possibility that Berlusconi will ask the Court of Human Rights to see their privacy protected, in its view threatened the Ruby case and investigations of the Milan prosecutor, the files of the Strasbourg Court has not yet nothing. Or rather, there is an open file, but Knight is the "defendant".

That case, filed in March 2010 from the Foundation Open Society Institution for the monopoly that Berlusconi has in Italian television. The foundation of the liberal billionaire George Soros was in fact to the High Court "as a result of the control that he (Silvio Berlusconi, ed) carry out the law on Italian television system, contrary to European democratic standards, a situation that is unacceptable for a democracy" .

The case is still pending and the first hearing is scheduled for next May. News that last March he had made little noise, and the lack of substantial new information in Italian - already photographed as "half freedom" from groups such as Freedom House and Reporters sans frontiers - that a news blackout of Mediaset and Palazzo Chigi the day after the complaint.

The case was based on monitoring conducted in recent years by various independent international bodies and information on the state of television in Italy. Among others, the now age-old story of Centro Europa 7, the television network that, although in 1999 won a national award of frequencies throughout the Italian territory for 10 years was denied access to frequencies.

"This case highlights the failure of the Italian government in dealing with monopoly and conflict of interest of the television system," said James Goldstone, international director of Open Society Justice Initiative. "Italy has the highest rate of concentration of ownership of television stations in Europe and the lack of diversity hampers the debate and restricts public access to information and critical analysis." If Berlusconi really wants to appeal to the Strasbourg Court, as stated by Frattini will first address the issue raised by the Open Society.

However from Strasbourg remember that you can apply to the Court only "after" a process that wishes to challenge, and not "before". Then there are loopholes: the "citizen" Silvio Berlusconi, angered by the invasion of their privacy, will be before the Milan public prosecutor by hatred, and only then take the train to Strasbourg.

Mr Berlusconi is not the first head of state to ask the European Court of Human Rights. So did Saddam Hussein with an appeal against the countries of the coalition that attacked Iraq, including Italy. In that case went badly, since the appeal was deemed "unacceptable."

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