The reasons, motives, and elements underlying the complaint from the “Military Union” to ascertain the conduct of some uniformed personnel within their activism in Roberto Vannacci’s party are explained in a lengthy statement published on the representative association’s website. The act, which was submitted on September 1st, «aims to urge the Military Judicial Authority to verify the existence of criminal offenses by active service military personnel who would have taken on leadership and propaganda roles within a political movement, in open violation of the duties of loyalty, neutrality, and impartiality imposed by the military system». Libero, last night, contacted Luca Marco Comellini, who is the general secretary of the Union in question, to delve deeper into the reasons for this initiative. «We defend the Constitution, the laws, and the military institutions – says Comellini -. A trade union defends workers. And military workers adhere to these principles. If these principles are attacked in any way, we are obliged to intervene to defend them».
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THE REPLY
The lawyer of Roberto Vannacci, however, yesterday argued that the political activity of a soldier does not constitute a crime in reference to what was declared by the MEP’s lawyer in the afternoon. «It is absolutely true – notes Comellini -. I do not comment on what Giorgio Carta (the lawyer’s name ed.) writes, but I can say that the Military Code and, above all, the case law of the Council of State developed around this issue are very clear. We do not censor ideas, membership, or militancy. We maintain instead that, as provided by law and as stated by administrative case law, the extraneousness of the Armed Forces from political competitions must be guaranteed in every condition». This, it seems, is the point of the complaint: not the right of the soldier to have or express a political opinion, but the way in which this right is exercised when holding a military function. «The Military Code – Comellini explains further – establishes that the soldier, when engaging in political activity, must not identify as such if on duty, if in places assigned to service, if wearing the uniform, or if qualifying as a soldier. In our opinion, this has not happened and does not happen currently. For this reason, we felt the need to report these aspects».
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PROGRAM UNDER SCRUTINY
So, why – we ask – did you choose to turn to the Military Prosecutor’s Office? «Because Vannacci’s programmatic document, in our opinion, raises, or rather propagates, issues that are absolutely incompatible with the oath taken by soldiers». We ask what exactly are the topics on which the Judicial Authority’s attention is requested. «Everything that propagates ideas that violate the principles of the Constitution, therefore discriminatory concepts and ideas related to race, belonging, sex, and religion». Comellini explains that they do not start from a preconceived certainty, but «we asked the Prosecutor’s Office to verify, based on the parameters of the now consolidated Supreme Court case law, whether there are elements that should be evaluated from a criminal perspective. It is not up to us to determine if there is a crime: we asked for the facts to be verified».
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Specifically, the complaint also concerns some military personnel who hold roles in Vannacci’s movement and, at the same time, positions in professional associations with a trade union character among military personnel «we asked the Military Prosecutor’s Office – he adds – to verify whether in the position of these soldiers, who are responsible for Vannacci’s committees and who at the same time are also responsible for military category trade unions, there are aspects that have criminal relevance and therefore need to be ascertained. These are facts we had already reported in April to Crosetto, but the minister never responded to us». In the first news agency releases, it had emerged that the heart of the problem seemed to be the alleged violation of the Scelba Law, which prohibits the reconstitution of the fascist party. The circumstance was later denied by the Military Prosecutor’s Office. We ask how a boundary can be defined between political participation to which the soldier is also entitled and the duties connected to his status. «Certainly, a soldier on duty cannot go around propagating ideas, principles, and programs that are against the Constitution».
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