(ANSA) - ROME, FEBRUARY 09 - "The prosecution of criminal conduct, even if heinous and ignominious such as those subject to impunction" in a rule of law must pass "through respect for the rules of due process" in the full and effective contradictory between the parties.
This can be read in the reasons for the sentence with which on 15 July the Cassation declared inadmissible the appeal of the Rome prosecutor's office against the decision of the investigating judge who ordered the suspension of the proceeding on Regeni, arranging new searches of the defendants to whom notification of the documents.
The assessment according to which "the subjective qualifications of the defendants within the police force or the Egyptian security apparatuses, the participation of some of them in the Egyptian team appointed to collaborate with the Italian investigators in the Regeni case, the fact that some of them were heard there as persons informed of the facts regarding the investigations carried out in Egypt, and the media relevance, including international, of the Italian trial, are not conclusive in order to deem the certainty of knowledge by the defendants of the trial against them".
According to the ruling, the Italian justice system is required "to apply without tearing the regulatory fabric, guaranteeing and respecting the rights of all the parties to the proceedings" and overcoming the situation that prevents the defendants from participating in the trial "belongs to the competent government authorities, also in the light of the obligations of assistance and eco-operation" which derive from the international Conventions.
In particular, the Cassation cites the Convention against torture and other cruel, inhuman or degrading treatment or punishment of New York, ratified by law by Italy in 1988 and by Egypt in 1986. (ANSA).