Many claims by the PGP are absurd, and if true, simply point out that the Italian courts violated Italian law. More likely, the PGP claims are falsehoods made without knowledge of actual events and posted with the aim (possibly) of arousing an emotional response.
For example, there are claims that: 1. Sollecito's statement of Nov. 5/6 was a witness statement, not the statement of a suspect obtained in violation of Italian law; 2. Sollecito testified on this statement in court - then it is pointed out that Sollecito exercised his right to NOT TESTIFY in court, so this could not be true; 3. The police read Sollecito's statement in court, rather than Sollecito having read it - but any such reading by the police of a witness statement would be a violation of Italian law, specifically CPP Article 195.4 Criminal police officials and officers shall not testify on the content of the statements gathered from witnesses {the point being that the witnesses must be called to court to testify orally in person - there can be exceptions if the witness has since died or cannot be found}.
So was Sollecito's Nov. 5/6 statement read in court? I don't know. It may have simply been in the dossier (case file), and the PGP assume it was read. But if it was read by the police or anyone except Sollecito (who did not testify), the question of whether it was legal evidence must be considered. As stated in CPP Article 191.1, Evidence gathered in violation of the prohibitions set by law shall not be used.
For example, there are claims that: 1. Sollecito's statement of Nov. 5/6 was a witness statement, not the statement of a suspect obtained in violation of Italian law; 2. Sollecito testified on this statement in court - then it is pointed out that Sollecito exercised his right to NOT TESTIFY in court, so this could not be true; 3. The police read Sollecito's statement in court, rather than Sollecito having read it - but any such reading by the police of a witness statement would be a violation of Italian law, specifically CPP Article 195.4 Criminal police officials and officers shall not testify on the content of the statements gathered from witnesses {the point being that the witnesses must be called to court to testify orally in person - there can be exceptions if the witness has since died or cannot be found}.
So was Sollecito's Nov. 5/6 statement read in court? I don't know. It may have simply been in the dossier (case file), and the PGP assume it was read. But if it was read by the police or anyone except Sollecito (who did not testify), the question of whether it was legal evidence must be considered. As stated in CPP Article 191.1, Evidence gathered in violation of the prohibitions set by law shall not be used.
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