Source:
http://www.echr.coe.int/Pages/home.aspx?p=basictexts&c=
From the European Convention on Human Rights (by the Italian Constitution and Italy's founding membership of the Council of Europe by solemn treaty, the supreme human rights law of Italy)
ARTICLE 6
Right to a fair trial
1. In the determination of his civil rights and obligations or of
any criminal charge against him, everyone is entitled to a
fairand public
hearing within a reasonable time by an independent
and impartial tribunal established by law. Judgment shall be
pronounced publicly but the press and public may be excluded
from all or part of the trial in the interests of morals, public order
or national security in a democratic society, where the interests
of juveniles or the protection of the private life of the parties so
require, or to the extent strictly necessary in the opinion of the
court in special circumstances where publicity would prejudice the
interests of justice.
2.
Everyone charged with a criminal offence shall be presumed
innocent until proved guilty according to law.
3. Everyone charged with a criminal offence has the following
minimum rights:
(a) to be informed promptly, in a language which he
understands and in detail, of the nature and cause of the
accusation against him;
(b)
to have adequate time and facilities for the preparation of
his defence;(c) t
o defend himself in person or through legal assistance of
his own choosing or, if he has not sufficient means to pay
for legal assistance, to be given it free when the interests
of justice so require;(d)
to examine or have examined witnesses against him and
to obtain the attendance and examination of witnesses on
his behalf under the same conditions as witnesses against
him;(e)
to have the free assistance of an interpreter if he cannot
understand or speak the language used in court.
{Highlighting added.}
The highlighted clauses were some of the provisions that the intermediate courts - and the Chieffi CSC panel - did not respect in the Amanda Knox - Raffaele Sollecito case.
From the Italian Constitution
(Source:
www.senato.it/documenti/repository/istituzione/..):
Art. 10
The Italian legal system conforms to the generally recognised principles of
international law.The legal status of foreigners is regulated by law in conformity with
international provisions and treaties.
A foreigner who, in his home country, is denied the actual exercise of the
democratic freedoms guaranteed by the Italian constitution shall be entitled to
the right of asylum under the conditions established by law.
A foreigner may not be extradited for a political offence.
Art. 27
Criminal responsibility is personal.
A defendant shall be considered not guilty until a final sentence has been
passed.Punishments may not be inhuman and shall aim at re-educating the convicted.
Death penalty is prohibited (1).
Art. 111
Jurisdiction is implemented through due process regulated by law.All court trials are conducted with adversary proceedings and the parties
are entitled to equal conditions before an impartial judge in third party
position. The law provides for the
reasonable duration of trials.
In criminal law trials, the law provides that the alleged offender shall be
promptly informed confidentially of the nature and reasons for the charges
that are brought and shall have adequate time and conditions to prepare a
defence.
The defendant shall have the right to cross-examine or to have
cross-examined before a judge the persons making accusations and to
summon and examine persons for the defence in the same conditions as the
prosecution, as well as the right to produce all other evidence in favour of
the defence. The defendant is entitled to the assistance of an interpreter in
the case that he or she does not speak or understand the language in which
the court proceedings are conducted.In criminal law proceedings, the formation of evidence is based on the
principle of adversary hearings. The guilt of the defendant cannot be
established on the basis of statements by persons who, out of their own free
choice, have always voluntarily avoided undergoing cross-examination by
the defendant or the defence counsel.The law regulates the cases in which the formation of evidence does not
occur in an adversary proceeding with the consent of the defendant or
owing to reasons of ascertained objective impossibility or proven illicit
conduct.
All judicial decisions shall include a statement of reasons.
Appeals to the Court of Cassation in cases of violations of the law are
always allowed against sentences and against measures affecting personal
freedom pronounced by ordinary and special courts. This rule can only be
waived in cases of sentences by military tribunals in time of war.
Appeals to the Court of Cassation against decisions of the Council of State
and the Court of Accounts are permitted only for reasons of jurisdiction.
{Highlighting added.}
It is noteworthy that even after a final decision of the CSC (Marasca panel) in this case that Knox and Sollecito are innocent, there are anonymous internet posters who through falsehoods and distorted logic claim that Knox and Sollecito are guilty.
The highlighted sections above emphasize some of the provisions of the Italian Constitution that were violated in the intermediate trials and Chieffi CSC panel judgement of the Amanda Knox - Raffaele Sollecito case.