[OPE-L:5496] Petition: Freedom for Toni Negri

Gerald Levy (glevy@pratt.edu)
Sun, 21 Sep 1997 12:48:16 -0700 (PDT)

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Here's the English translation of the petition that appeared in
[OPE-L:5490]. /In Solidarity, Jerry

---------- Forwarded message ----------
Date: Sun, 21 Sep 1997 13:22:23 -0400 (EDT)
From: Jon Beasley-Murray <jpb8@acpub.duke.edu>
To: aut-op-sy@jefferson.village.Virginia.EDU


Toni Negri has been in prison in Rome since July 1, 1997. He has
been sentenced to more than 13 years in prison, not counting another
conviction that is now in the appeal process. After residing in
France in exile since 1983, he returned to Italy voluntarily in the
hope that his action would contribute to the resolution of the problem
of the exiles and prisoners who are wanted or convicted for the
political activities of the 1970s in Italy, the so-called "years of
lead." About 180 people are still in Italian prison under these
charges and about 150 are in exile, the majority of them in France.
Toni Negri was a professor at the University of Padua and his
writings are well-known throughout the world. He was arrested on
April 7, 1979 and accused of "armed insurrection against the powers of
the State." To support this accusation, his accusers presented him as
the secret leader of the Red Brigades, the terrorist group that had
kidnapped and assassinated Aldo Moro, President of the Christian
Democratic Party. Negri has always denied this absurd accusation and
he was later formally acquitted of this charge. Charges against him
were modified numerous times. After four and a half years of
preventive detention, he was elected to parliament as a representative
of the Radical Party and was consequently released from prison. When
the Chamber of Deputies subsequently voted by a narrow margin to strip
him of his parliamentary immunity and send him back to prison, he fled
to France. The court procedures against him continued in his absence
and led to convictions under several charges and in several different
trials. At the time, Amnesty International denounced the serious legal
irregularities of Negri's trial and those of his colleagues at the
University of Padua. During his exile, Toni Negri worked in France as
a teacher at the University of Paris VIII, at the College
International de Philosophie, and as a social science researcher. He
published numerous books during this period.
Due to his notoriety Negri has become the emblematic figure of
the Italian radical Left of the 1970s. Beginning in the Autumn of
1969 there began in Italy a period of intense social conflicts that
were exacerbated by the very ambiguous role of certain State agencies
in what was called a "strategy of tension," in other words, the
manipulation of the neo-fascist groups responsible for a deadly
bombing campaign at such sites as Piazza Fontana and the Bologna train
station. The radicalization of the Italian extra-parliamentary Left
and the social movements led a large number of activists toward the
path of wide-spread political violence and a few of them toward armed
struggle. Between 1976 and 1980, tens of thousands of activists were
pursued by the police and more than five thousand arrested. Hundreds
of long-term sentences were handed out on the basis of emergency laws
that are still in effect, including principally the so-called law of
the "repentants." This law makes the testimony of accused persons who
have "repented" the sufficient basis for the conviction of others, and
allows for them to be set free in return for having turned State's
evidence. Another emergency measure allows for preventive detention
to extend retroactively up to twelve years. This measure is radically
incompatible with the principles of the rule of law and the basic
rules of penal procedure, as they are defined by articles 5 and 6 of
the European Convention of Human Rights and protected by the European
Court of Human Rights. One can assume that the highly contestable
nature of such legislation is what has led Italy's democratic
neighbors such as France and Great Britain to have serious doubts
about these cases and not to act on the majority of the more than
seventy requests for extradition presented by Italian authorities,
regardless of the political party in power. For the same reason,
undoubtedly, the over five hundred refugees who have been accepted in
France over these years have never been disturbed or harassed. These
refugees have integrated into French society, finding work and
building families. Now they do not want to risk their futures and the
lives they have constructed in order to resolve twenty-five-year old
sentences that were handed down in such dubious emergency conditions.
The object of this appeal should not be interpreted in any way to
condone the real or supposed activities of those pursued and convicted
for their activities during the "years of lead." The refugees have
declared unambiguously that the "war" is over. "That period has
ended." A democracy worthy of that name must be able to turn the
page. Today these nearly four hundred exiles and prisoners are
excluded from Italian society. A problem of this order cannot be
resolved on a case by case basis, but must be addressed with a general
A bill for an "indulto" (a reduction of sentences by a vote of
parliament) was introduced nine years ago but has not yet come up for
a vote. Such a bill would have positive effects, but it would not
resolve the refugees' problems. The only solution for Toni Negri and
his unfortunate companions would be an amnesty. The only amnesty that
has been passed in Italy was in 1946, which Togliatti supported with
regard to the fascists. On the other hand, for the activities linked
to France's war in Algeria and concerning actions of a gravity more or
less equivalent to those committed in the 1970s in Italy, France
granted an amnesty to both the deserting soldiers and the members of
the OAS.
Since we support the principles of the rule of law and the re-
establishment of human rights everywhere for everyone, as Italy
prepares for integration into the new Europe, we ask urgently that the
Italian members of parliament respond favorably to this appeal for
clemency by passing an amnesty law as soon as possible. We also ask
the representatives of the European Union to take appropriate measures
to insure the swift release of Toni Negri. If he symbolized one era,
then his release will symbolize another, calmer one. Finally, by
repealing the series of exceptional measures that are incompatible
with the European Convention of Human Rights, Italy would live up to
its central role in the new Europe.


Having understood the circumstances, we support the appeal in
favor of the release of Toni Negri in order to put an end to the
"years of lead" in Italy.
Toni Negri was in France for fourteen years. He sought refuge
there in 1983 after serving four and a half years of preventive
detention in Italy. He has now returned voluntarily to Italy where he
has been sentenced to prison for eminently political reasons on the
basis of an arsenal of emergency measures (such as convictions based
solely on the testimony of "repentants" and extended preventive
detention) that are incompatible with the European Convention of Human
He has been in prison since July 1, 1997 and his release (which
will likely be only a work release) has still not come about.
Four hundred people are excluded from Italian society on the
basis of political activity conducted twenty years ago. The more than
150 refugees in France do not want to destroy the lives they have
constructed in order to address these sentences based on emergency
measures. European authorities on the Right and the Left have not
extradited the refugees back to Italy, and they have thus expressed
sotto voce their disdain for the Italian procedures.
The wide-spread political violence of the Italian social
struggles, which has been conflated under the label of Italian
"terrorism," is something that ended long ago. Can a democracy apply
to those accused of political crimes (twenty years after the fact)
measures more severe than those used in common criminal cases?
The release of Toni Negri must finally lead toward an amnesty
that has been too long in coming. Only the abrogation of the
emergency measures and the parliamentary passage of an amnesty bill
can finally put an end to the "years of lead." As long as these
conditions are not met, we urge the countries of the European Union to
guarantee the residency of the Italian exiles. We ask finally that
the members of parliament of the other countries of the Union and
those of the Strasbourg Assembly do all they can to resolve these

Please send signatures to Yann Moulier Boutang by fax or e-mail.
fax: (011.331)
email: Yann.M.Boutang@wanadoo.fr

Name Function or Title Address and telephone, fax, or email

Among those who have already signed this petition:
E. Balibar (philosopher), J.L. Benhamias (General Secretary of the
Green Party in France), O. Betourne (editor at Editions Fayard), P.
Boulez (musician), Ch. Bourgois (editor), P.A. Boutang (film producer),
R. de Ceccatty (writer), G. Chatelet (mathematician), M. Chemillier-
Gendreau (jurist), D. Cohn-Bendit (writer), R. Debray (writer), J.
Derrida (philosopher), C. Dolto-Toltitch (doctor), V. Forrester
(writer), S. Gisselbrecht (Inserm), G. Kejman (lawyer), A. Lipietz
(economist), B. Marger (Cite de la Musique), J.F. Masson (doctor), F.
Matta (artist), G. Perault (philosopher), M. Plon (psychoanalyst), A.
Querrien (urbanist), J. Ranciere (philosopher), E. Roudinesco (writer),
S. Silberman (film producer), Ph. Sollers (writer), G. Soulier
(jurist), and I. Stengers (philosopher).