Cont: The Trials of Amanda Knox and Raffaele Sollecito: Part 27

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As can be seen from the posts below, the police/prosecution carried out corruption and misconduct on an industrial scale where they violated the rights of Amanda and Raffaele during the interrogations, fed false information to the media, lied in court and committed perjury, destroyed evidence, engaged in the massive suppression of evidence and lied to Amanda she had HIV. PGP come up with the ludicrious notion the police/prosecution were honest and decent people who had been unfairly smeared by a PR campaign. Yet another example of gross stupidity by the PGP. A PR campaign was not needed to smear the police/prosecution because they did a perfectly good job themselves through the numerous abuses they committed.

http://www.amandaknoxcase.com/raffaeles-kitchen-knife/
http://www.amandaknoxcase.com/contamination-labwork-coverup/
http://www.amandaknoxcase.com/meredith-kercher-perjury-corruption/
http://www.amandaknoxcase.com/evidence-destroyed/
http://www.amandaknoxcase.com/blood-evidence-downstairs-apartment/
https://knoxsollecito.wordpress.com...old-about-amanda-knox-and-raffaele-sollecito/
http://www.injusticeinperugia.org/myths.html
http://www.internationalskeptics.com/forums/showthread.php?postid=11071314#post11071314

Add to this that Mignini sued Sollecito and Gumbel claiming that the latter pair had defamed him. Mignini withdrew the suit when the parallel criminal defamation case was thrown out.

Knox was charged with defamation and was acquitted.

Mignini had been censured for denying Sollecito his rights at interrogation.

Yet Vixen pounds away that it is Sollecito and Knox who are the liars. So far one could make the case that the Italian judiciary believes that the Perugian cops and Mignini are the liars.
 
It is the height of irony that you accuse others of uttering a "pack of lies" when this post above reveals you haven't even the most basic grasp of the facts.
Knox is NOT taking the head-slaps to the CHR. Let's repeat that again to be clear: KNOX IS NOT TAKING THE HEAD-SLAPS TO THE ECHR! The claims of head slaps were dealt with within Italy, as the police officers concerned TOOK KNOX TO COURT FOR DEFAMATION, they accused her of defamation for the claim.

That defamation trial ended in an acquittal for Knox.

What is it being taken to the ECHR? IT IS KNOX'S CALUNNIA CONVICTION ABOUT PATRICK LUMUMBA!!!!! That conviction was upheld at all of Italy's courts, and Knox is claiming that her rights had been violated in the coercive police interrogation which led to Lumumba being arrested and accused.

Why do you not know this? This is almost 3 years since the acquittals on all the murder-related charges, acquittals for Sollecito and Knox. Just recently, PM Mignini withdrew his own defamation lawsuit against Sollecito and Gumbel, for the book, "Honor Bound". The judge adjudicating the criminal angle to that also threw out the criminal case.

About a month ago, we were promised that this had been (astonishingly and against everything else in the Italian press) a victory for Mignini, the claim being that Sollecito and Gumbel were about to issue an apology. Typically, we're still waiting for that PGP-claim to be fulfilled.

Add to this - you don't know the difference between the claims of head-slaps, vs. the calunnia conviction. I think it's about time that we check the video-tapes of that interrogation from Nov 5/6, 2007 in the Questura. You know: the transcripts/recordings of interrogations mandated by Italian law.

I will assume what you mean here is that the case Knox v. Italy is NOT ONLY ABOUT THE HEAD SLAPS.

I repeat here: 1. the "bottom line" of the Communication to Italy and 2. the Noteworthy Pending Cases summary. There are several specific complaints, all underlying the issue of whether or not Knox received a fair trial in the conviction for calunnia against Lumumba; also, there may be other elements of violations not mentioned in the ECHR summary:

1.
"Communicated on 29 April 2016

FIRST SECTION

Application no. 76577/13
Amanda Marie KNOX
against Italy
lodged on November 24, 2013

....
COMPLAINTS

1. The applicant raises several complaints concerning the fairness of the criminal proceedings following which she was sentenced to three years in prison for false accusation.

a) Relying on Article 6 §§ 1 and 3 a) of the Convention, the applicant complained of not being informed promptly and in a language that she understood of the nature and cause of the accusation against her.

b) In terms of Article 6 §§ 1 and 3 c), she also alleges that she was not assisted by a lawyer during the interrogation of 6 November 2007.

c) Relying on Article 6 §§ 1 and 3 e), the applicant also complains that she was not assisted by a professional and independent interpreter during interrogation and that the police officer who assisted during the interrogation of 6 November 2007 performed the duties of a "mediator", thereby suggesting hypotheses about what events had taken place.

2. Relying on Article 3 of the Convention, the applicant complains that the slaps on the head that she suffered (scappellotti) constituted inhuman and degrading treatment.

3. Relying on Article 8 of the Convention, she denounces the violation of her right to respect for private and family life, on the grounds that, on 6 November 2007, she was forced to answer questions about Mr DL so that she was unable to exercise judgment and will (incapacità di intendere volere e) and under psychological pressure.


INFORMATION REQUEST

1. The applicant is requested to produce a copy of the judgment of the Perugia court of 5 December 2009 regarding her conviction for false accusation and a copy of the appeal and of the appeal regarding this procedure.

2. The parties are invited to indicate whether the judgment of the Florence Court of 14 January 2016 was appealed or if it has become final and to provide copies of relevant documents.

QUESTIONS TO THE PARTIES

1. Has the applicant exhausted the domestic remedies available to her to complain about the violation of Article 3 of the Convention, concerning the slaps (scappellotti) allegedly suffered, and Articles 6 §§ 1 and 3 a), c) and e) and 8 of the Convention?

2. If so:

a) Was the applicant subjected, in breach of Article 3 of the Convention, to inhuman or degrading treatment?

b) Was the applicant, as required by Article 6 § 3 a) of the Convention, informed promptly, in a language she could understand and in detail, of the nature and cause of the charges against her for false accusation?

c) Did the applicant have the assistance of counsel of her choice, as required by Article 6 § 3 c) of the Convention, especially during the interrogation of 6 November 2007?

d) Did the applicant obtain the free assistance of an interpreter, within the meaning of Article 6 § 3 e) of the Convention?

e) Did the psychological pressure allegedly suffered by the applicant during the interrogations of 6 November 2007, violate the right of the applicant to a fair trial within the meaning of Article 6 § 1 of the Convention, and the right to respect for private life protected by Article 8 § 1 of the Convention?"

2.
"Amanda Marie Knox v. Italy (no. 76577/13)
Case communicated to the parties in April 2016
This case concerns criminal proceedings in which Ms Knox was found guilty of making a false accusation. The offending statements were taken while she was being questioned in the context of criminal proceedings for the murder and sexual assault of her flatmate. The applicant was accused of implicating another person whom she knew to be innocent.
Ms Knox alleges that the criminal proceedings in which she was convicted were unfair, relying on Article 6 §§ 1 and 3 (a) (right to a fair trial – right to be informed promptly of the charge), (c) (right to legal assistance), (e) (right to assistance from an interpreter), Article 3 (prohibition of inhuman and degrading treatment) and Article 8 (right to respect for private and family life) of the Convention."
 
And we'll all chip in to get you some one on one tutoring in reading comprehension. It should, hopefully, cut down on the number of times we need to repost things for you.

Having any luck on finding those quotes from Knox, M-G, or her publishers/book that she was "beaten up" or "tortured"?

The ECHR application itself specifies Article 3: Torture.

Come on, Vix. You are not a stupid woman. Just stop this embarrassing nonsense.

Article 3 of the European Convention of Human Rights prohibits torture and inhuman or degrading treatment

Knox is not claiming torture. She is claiming inhuman and degrading treatment per her complaint :

2. Relying on Article 3 of the Convention, the applicant complains that the slaps on the head that she suffered (scappellotti) constituted inhuman and degrading treatment.

Which part of the above are you having trouble understanding? It cannot be made any more clear to you than this.
 
Nonsense. A witness can complain in confidence.

Raff claims he heard Knox screaming, yet it is not physically possible, as he was in a completely different part of the building. (Another blatant lie from Raff.)

If Knox is so traumatised by the claimed head slaps then why leave it seven years, and then taking it to ECHR (after years of defamatory and false claims fed by her PR machine) instead of complaining at the time through the recognised complaints channels. She had lawyers and she had the US ambassador.

The truth is, it was just a pack of lies designed to detract from her damning calunnia and confession of being at the crime scene.

I know this is going to be a complete and utter waste of time going by past history, but do you have any evidence that Raff was "in a completely different part of the building" and could not hear Amanda scream?

According to Burleigh:
AROUND MIDNIGHT, EVERYONE IN the questura could hear screams echoing in the fourth floor. “He’s bad, he’s bad!” Amanda suddenly wailed in English.

Burleigh, Nina. The Fatal Gift of Beauty: The Trials of Amanda Knox (p. 196). Random House, Inc.. Kindle Edition.

If the screams were audible to everyone else, why not Raff? Let me guess: if Burleigh wrote it, it must be a shill lie, right?

It's odd, but not surprising, that you claim Raff couldn't hear a scream within the same building as Amanda, but a hard of hearing woman could hear a scream through her own closed double paned windows coming from a room in cottage downhill across a street with thick stone walls, closed windows with closed shutters, and on the side facing away from the woman's own apartment. THAT you believe.

Once again, do you have any evidence that Raff was in a part of the questura which made it impossible for him to hear Amanda's screams? If not, then stop claiming it.

The actual truth is: Amanda was definitively acquitted of defamation regarding the slaps to the head as the court found there was no evidence disproving her claims and that the police's account was "sugarcoated". But you just ignore that because it doesn't fit your need to believe otherwise.
 
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Lol.



Lol.

Is this the same Vixen that we've been conversing with for the past decade? Because if so, I don't understand the above quotes.

Even the intelligent can lack common sense and lose all objectivity and logic when their biases become so acute that they become willfully blind to those biases. As said before, this would make a fascinating psychological study.
 
I know this is going to be a complete and utter waste of time going by past history, but do you have any evidence that Raff was "in a completely different part of the building" and could not hear Amanda scream?

According to Burleigh:


Burleigh, Nina. The Fatal Gift of Beauty: The Trials of Amanda Knox (p. 196). Random House, Inc.. Kindle Edition.

If the screams were audible to everyone else, why not Raff? Let me guess: if Burleigh wrote it, it must be a shill lie, right?

It's odd, but not surprising, that you claim Raff couldn't hear a scream within the same building as Amanda, but a hard of hearing woman could hear a scream through her own closed double paned windows coming from a room in cottage downhill across a street with thick stone walls, closed windows with closed shutters, and on the side facing away from the woman's own apartment. THAT you believe.

Once again, do you have any evidence that Raff was in a part of the questura which made it impossible for him to hear Amanda's screams? If not, then stop claiming it.

The actual truth is: Amanda was definitively acquitted of defamation regarding the slaps to the head as the court found there was no evidence disproving her claims and that the police's account was "sugarcoated". But you just ignore that because it doesn't fit your need to believe otherwise.

I seriously doubt Vixen has any evidence and it's just another empty 'from the backside' claim. In fact, it would stand to reason that interrogation rooms would all be located in the same general location. Besides which, Giobbi also testified to hearing Amanda scream while being interrogated.

Excellent point re; Vixen believing hard of hearing Capezzali heard a scream from where she was, through closed windows on both ends, yet doesn't believe Raffaele could hear a scream from within the same building.
 
Hey, Vixen...how's that apology from Sollecito and Gumbel that Fast Pete promised us coming? Or are you ready to admit it isn't going to happen? Pete will still be claiming it's coming any day now along with the overturning of the Marasca acquittal. You might want to get out ahead and admit it ain't gonna happen. Go on...get ahead of the curve.
 
It's something else other than "intellectual dishonesty". For instance I read every word of your posts on the EChR; they are thorough and relevant.

Yet I don't share your optimism as to what it means for the calunnia conviction. Am I intellectually dishonest?

I am revisiting Bill's post to bring attention to Italian Constitutional Court judgment 113 of 2011. That's the judgment which obligates the Italian judicial system to review the request for revision of a convicted person, whose trial and conviction has been judged unfair by the European Court of Human Rights and who is thereby, according to the ECHR, entitled to a reopening of the proceedings - which under Italian law, means a revision trial.

Source for the following is the website of the Italian [Supreme] Constitutional Court: https://www.cortecostituzionale.it/actionJudgment.do

On the English text version of the Italian Constitutional Court website, the following summary of the referenced judgment is given; also, a PDF containing excerpts of the Constitutional Court judgment translated into English is may be opened by the link - a PDF logo - immediately to the left of the judgment title.

"Judgment*No. 113 of 2011
Ugo DE SIERVO, President - Giuseppe FRIGO, Author of the Judgment
In this case the Court considered a reference from the Bologna Court of Appeal concerning the constitutionality of the provision of the Code of Civil {sic - should be "Criminal"} Procedure which did not provide for criminal proceedings to be reopened if the original judgment had been ruled unfair by a final judgment of the European Court of Human Rights. The Court ruled that the situation was unconstitutional, and that the relevant provision had to be read as granting the right to request that a criminal trial be reopened under those circumstances."

In contrast to the apparent lacunae in knowledge of the Italian ordinary courts, including the Supreme Court of Cassation (CSC), the Italian Constitutional Court is well aware of the ECHR [= ECtHR in the excerpt]. While it is worthwhile to read the entire except (16 pages long), because of its length I hesitate to include too much of it in a post despite the excellence of its reasoning.

Therefore, I will begin with excerpts near the end, from Section 8, and then give the conclusion:

"...[T]he Strasbourg Court [ECtHR] considers, according to case law that is now settled, that the obligation to comply with its final judgments incumbent upon the contracting Parties under Article 46(1) ECHR [= the Convention] also entails the commitment for the contracting States to allow trials to be reopened, if requested by the interested party, whenever this may appear necessary in order to grant full redress to that person in cases in which the guarantees recognised by the Convention have been violated, particularly the right to a fair trial.

This interpretation cannot be deemed to contrast with the relevant protections offered by the [Italian] Constitution. In particular – without prejudice to the undoubted relevance of the values represented by the certainty and stability of a res iudicata – the provision for the setting aside of the related exclusionary effects in cases involving particularly serious infringements – such as those ascertained by the Strasbourg Court, having regard to the judicial proceedings as a whole – of the guarantees relating to fundamental human rights cannot be regarded as unconstitutional. With particular reference to the provisions of Article 6 of the Convention, these guarantees are moreover largely confirmed under the current text of Article 111 of the Constitution. ....
When confronted with a violation of the Constitution which cannot be resolved through interpretation – especially where it relates to fundamental rights – the [Italian Constitutional] Court is in any case required to provide a remedy....

In this case, Article 630 of the Code of Criminal Procedure must be ruled unconstitutional precisely because (and insofar as) it does not contemplate a “different” ground for review compared to those currently available which is aimed specifically at permitting a trial to be reopened (for trials concluded by one of the judgments specified under Article 629 of the Code of Criminal Procedure) when it is necessary to reopen the case pursuant to Article 46(1) ECHR in order to comply with a final judgment of the European Court of Human Rights (which, for the reasons set out above, is to be considered equivalent to a decision adopted by the Committee of Ministers pursuant to Article 32 ECHR as previously in force). Moreover, the concept of “trial” here is to be understood in generic terms that are also conducive to the repetition of activities already carried out and, if appropriate, of the whole case.

The Court holds moreover that, should the situation considered above obtain, the court will be required to review the compatibility of the individual provisions relating to the review proceedings. Any provisions which appear to be irreconcilable in logical and legal terms with the objective pursued (that of placing the interested party in the situation in which he would have been had the violation ascertained not occurred, and not remedying an incorrect assessment by the trial court resulting from elements external to the trial) will have to be considered inapplicable, including first and foremost – as observed above – those which reflect the traditional position that review proceedings have the sole purpose of quashing the conviction. Thus for example, the prerequisite of admissibility based on a prima facie case in favour of acquittal specified under Article 631 of the Code of Criminal Procedure will not apply. Moreover, in the appropriate cases, the provisions of Article 637(2) and (3) of the Code of Criminal Procedure (which provide, respectively, that the acceptance of the application will inevitably entail the acquittal of the interested party, and that the court may not reach its decision exclusively on the basis of a different assessment of the evidence heard in the previous proceedings) should also be considered inapplicable.
....
ON THOSE GROUNDS
THE CONSTITUTIONAL COURT
declares that Article 630 of the Code of Criminal Procedure is unconstitutional insofar as it does not provide for a different ground for the review of a judgment or conviction in order to enable a trial to be reopened when this is necessary, pursuant to Article 46(1) of the Convention for the Protection of Human Rights and Fundamental Freedoms in order to comply with a final judgment of the European Court of Human Rights.Decided in Rome, at the seat of the Constitutional Court, Palazzo della Consulta, on 4 April 2011."
 
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Now, for those wishing some insight into the possible motivation of the police, prosecutor, and courts in covering up the mistreatment Amanda Knox received during the Nov. 6, 2007 interrogation, here is the text of CP (Italian Criminal Code) Article 377-bis.

"Salvo che il fatto costituisca più grave reato, chiunque, con violenza o minaccia, o con offerta o promessa di denaro o di altra utilità, induce a non rendere dichiarazioni o a rendere dichiarazioni mendaci la persona chiamata a rendere davanti alla autorità giudiziaria dichiarazioni utilizzabili in un procedimento penale, quando questa ha la facoltà di non rispondere, è punito con la reclusione da due a sei anni."

English translation by Google (with a little help from me):

Except when the act constitutes a more serious offense, anyone, with violence or threat, or with an offer or promise of money or other benefits, induces a person called to make statements to the judicial authority that are usable in a criminal proceedings, when that person has the right not to answer, shall be punished with imprisonment of from two to six years.
Source: http://www.altalex.com/documents/ne...itti-contro-l-amministrazione-della-giustizia

And to be clear, a suspect or an accused is a person who has the "right not to answer" under Italian law (and ECHR case-law). So it applies to Amanda Knox and to Raffaele Sollecito in the interrogations of Nov. 5/6, 2007 and after that date. And for those who doubt that they were suspects during the interrogation, recall that the Gemelli CSC panel stated that they were or had become suspects during that interrogation. And that is why Amanda Knox was charged with calunnia (CP Article 368) against the police for testifying during the Massei court trial that she had been hit and threatened by the police during the Nov. 5/6 interrogation.
 
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Hey, Vixen...how's that apology from Sollecito and Gumbel that Fast Pete promised us coming? Or are you ready to admit it isn't going to happen? Pete will still be claiming it's coming any day now along with the overturning of the Marasca acquittal. You might want to get out ahead and admit it ain't gonna happen. Go on...get ahead of the curve.

The apology is in line. Everytime someone from that side of the fence makes this sort of promise, they have to take a number. First there is the promised bleach receipts. Then there are the dozens of other promises from the PGP which will prove that the eventual acquittals were really delayed victories for Mignini.

But you just wait. Once the bleach receipts are finally revealed, there will be an avalanche of proof vindicating Mignini and his latest embarrassments.
 
Now, for those wishing some insight into the possible motivation of the police, prosecutor, and courts in covering up the mistreatment Amanda Knox received during the Nov. 6, 2007 interrogation, here is the text of CP (Italian Criminal Code) Article 377-bis.

"Salvo che il fatto costituisca più grave reato, chiunque, con violenza o minaccia, o con offerta o promessa di denaro o di altra utilità, induce a non rendere dichiarazioni o a rendere dichiarazioni mendaci la persona chiamata a rendere davanti alla autorità giudiziaria dichiarazioni utilizzabili in un procedimento penale, quando questa ha la facoltà di non rispondere, è punito con la reclusione da due a sei anni."

English translation by Google (with a little help from me):

Except when the act constitutes a more serious offense, anyone, with violence or threat, or with an offer or promise of money or other benefits, induces a person called to make statements to the judicial authority that are usable in a criminal proceedings, when that person has the right not to answer, shall be punished with imprisonment of from two to six years.
Source: http://www.altalex.com/documents/ne...itti-contro-l-amministrazione-della-giustizia

And to be clear, a suspect or an accused is a person who has the "right not to answer" under Italian law (and ECHR case-law). So it applies to Amanda Knox and to Raffaele Sollecito in the interrogations of Nov. 5/6, 2007 and after that date. And for those who doubt that they were suspects during the interrogation, recall that the Gemelli CSC panel stated that they were or had become suspects during that interrogation. And that is why Amanda Knox was charged with calunnia (CP Article 368) against the police for testifying during the Massei court trial that she had been hit and threatened by the police during the Nov. 5/6 interrogation.

If any of the cops who participated in that interrogation admitted to smacking Knox (or in Vixen's parlance "torturing"), threatening her, or refusing food, water, and bathroom breaks to Knox, they could have been charged themselves with a crime. If any cop admitted another cop or cops had done so, they would have been ostracized and quite possibly have ended their careers much like Hellmann and Vanessa Sollecito experienced. For the PGP to claim that the cops had no motive to lie about what happened that night is farcical.
 
Let's do some analysis of the Boninsegna judgment motivation report, first to understand what Italian crime(s) Amanda Knox was accused of, since some have called it "defamation".

The charges against Knox are listed at the beginning of the Italian language document and translated to English; see:

http://www.amandaknoxcase.com/motivation-reports-appeal-documents/

To begin, there appears to be some small errors of translation that may be confusing to the English reader. The Italian text, after identifying 1. the preliminary hearing judge, Ann Liguori; 2. the defendant, Knox, indicating that she is absent; and 3. the defense lawyers, Luciano Ghirga of the Perugia bar and Carlo dalla Vedova of the Rome bar, goes on to state "Imputato del reato...." which should have been translated, for clarity, as "Accused of the crime of...." {rather than as "Defendant of the crime of....}.

There follows a listing (in a section labeled (a) in the English translation) of the crimes allegedly committed by Knox against some police officers during the Massei court trial, and, in a second section labeled (b) in the English and the Italian, another listing of the crimes allegedly committed by Knox against some police officers and prosecutor Mignini on another occasion, also during the Massei court trial.

The crimes alleged Knox in Section (a) are: articles 81 first paragraph, 368 and 61 paragrahs 2) and 10) [of the Italian] Criminal Code for statements made in court on 13 March 2009; the ones in Section (b) are: articles 81 first paragraph, 368 and 61 paragraphs 2) and 10) [of the Italian] Criminal Code for statements made in court on 12 and 13 June 2009. The English translation for Section (b) misidentifies the source of the Italian Criminal Code articles as being from the Italian Code of Criminal Procedure. The Italian Criminal Code is, in Italian, Codice Penale and is abbreviated "c.p." following the number; I will abbreviate it as CP before the word "Article" in this post.

The main or underlying criminal charge for Sections (a) and (b) is CP Article 368. That article defines the crime of calunnia, that is, the crime of false accusation, and not the crimes (violations of law) or torts (civil-suit allegations) of defamation, slander, or calumny as generally understood in the English-speaking countries.

"Art. 368.
Calunnia.

Chiunque, con denunzia, querela, richiesta o istanza, anche se anonima o sotto falso nome, diretta all'autorità giudiziaria o ad un'altra autorità che a quella abbia obbligo di riferirne o alla Corte penale internazionale, incolpa di un reato taluno che egli sa innocente, ovvero simula a carico di lui le tracce di un reato, è punito con la reclusione da due a sei anni (1).
La pena è aumentata se s'incolpa taluno di un reato pel quale la legge stabilisce la pena della reclusione superiore nel massimo a dieci anni, o un'altra pena più grave.
La reclusione è da quattro a dodici anni, se dal fatto deriva una condanna alla reclusione superiore a cinque anni; è da sei a venti anni, se dal fatto deriva una condanna all'ergastolo; e si applica la pena dell'ergastolo, se dal fatto deriva una condanna alla pena di morte (2).

(1) Comma così modificato dall’art. 10, comma 3, L. 20 dicembre 2012, n. 237. Il testo precedentemente in vigore era il seguente: “Chiunque, con denunzia, querela, richiesta o istanza, anche se anonima o sotto falso nome, diretta all'autorità giudiziaria o ad un'altra autorità che a quella abbia obbligo di riferirne, incolpa di un reato taluno che egli sa innocente, ovvero simula a carico di lui le tracce di un reato, è punito con la reclusione da due a sei anni.”.
(2) La pena di morte per i delitti previsti dal codice penale è stata abolita dall'art. 1 del D.Lgs.Lgt. 10 agosto 1944, n. 224."

Here is a (rough) Google translation:

Art. 368.
False Accusation {Google translates as: Slander}.

Anyone, with denunciation, complaint, request or request, even if anonymous or under a false name, directed to the judicial authority or to another authority which is obliged to report it or to the International Criminal Court, shall charge a crime that he he knows he is innocent, or he simulates the traces of a crime against him, he is punished with imprisonment from two to six years (1).
The penalty is increased if one is accused of a crime for which the law establishes a maximum sentence of imprisonment of up to ten years, or another more serious sentence.
The imprisonment is from four to twelve years, if the sentence results in a sentence of imprisonment of more than five years; it is from six to twenty years, if from the fact comes a sentence to life imprisonment; and the penalty of life imprisonment applies if the sentence results in a sentence to the death penalty (2).

(1) Paragraph as amended by art. 10, paragraph 3, Law 20 December 2012, n. 237. The text previously in force was the following: "Anyone, with denunciation, complaint, request or request, even if anonymous or under false name, directed to the judicial authority or to another authority which is obliged to report it, he accuses a crime that he knows he is innocent, or he simulates the traces of a crime against him, he is punished with imprisonment from two to six years ".
(2) The death penalty for crimes provided for by the Penal Code has been abolished by art. 1 of the D.Lgs.Lgt. 10 August 1944, n. 224.

Source: http://www.altalex.com/documents/ne...itti-contro-l-amministrazione-della-giustizia

CP Article 81 is a law that allows or mandates an increase in the sentence for a crime when that crime is committed in complicity with another or when there is a repeated or continuous crime. The application to the Knox case is that each appeal to a higher court was considered to be a repetition of the crime of calunnia.

"Art. 81.
Concorso formale. Reato continuato.

È punito con la pena che dovrebbe infliggersi per la violazione più grave aumentata sino al triplo chi con una sola azione od omissione viola diverse disposizioni di legge ovvero commette più violazioni della medesima disposizione di legge.
Alla stessa pena soggiace chi con più azioni od omissioni, esecutive di un medesimo disegno criminoso, commette anche in tempi diversi più violazioni della stessa o di diverse disposizioni di legge.
Nei casi preveduti da quest'articolo, la pena non può essere superiore a quella che sarebbe applicabile a norma degli articoli precedenti.
Fermi restando i limiti indicati al terzo comma, se i reati in concorso formale o in continuazione con quello più grave sono commessi da soggetti ai quali sia stata applicata la recidiva prevista dall'articolo 99, quarto comma, l'aumento della quantità di pena non può essere comunque inferiore ad un terzo della pena stabilita per il reato più grave. (1)

(1) Comma aggiunto dall’art. 5, comma 1, della L. 5 dicembre 2005, n. 251"

Google translation (rough):

Art. 81.
Formal complicity {Google has "competition"}. Crime {repeated or} continued.

It is punished with the penalty that should be inflicted for the more serious violation increased up to three times the one with a single action or omission violates various provisions of law or commits multiple violations of the same legal provision.The same sentence is subject to those with multiple actions or omissions, executive of the same criminal design, also commits at different times more violations of the same or different provisions of the law.
In the cases foreseen by this article, the penalty can not be higher than that which would be applicable according to the previous articles.
Without prejudice to the limits indicated in the third paragraph, if the offenses in the formal competition or continuation with the more serious one are committed by persons to whom the recidivism provided for in the fourth paragraph of Article 99 has been applied, the increase in the amount of however, it may be less than one third of the penalty established for the most serious crime. (1)

(1) Paragraph added by the art. 5, paragraph 1, of Law 5 December 2005, n. 251

Source: http://www.altalex.com/documents/news/2014/12/09/del-reato

CP Article 61 defines common aggravating circumstances that may be applied to a crime to increase the sentence. I will only show the relevant ones, paragraphs or numbers 2 and 10, in the translation to avoid excessive length. The two aggravating circumstances were that the alleged calunnia was alleged 1) to have been committed to protect someone else or to gain some advantage of covering up another crime, and 2) to be directed at public officials.

"Art. 61.
Circostanze aggravanti comuni.

Aggravano il reato quando non ne sono elementi costitutivi o circostanze aggravanti speciali le circostanze seguenti:
1) l'avere agito per motivi abietti o futili;
2) l'aver commesso il reato per eseguirne od occultarne un altro, ovvero per conseguire o assicurare a sé o ad altri il prodotto o il profitto o il prezzo ovvero la impunità di un altro reato;
3) l'avere, nei delitti colposi, agito nonostante la previsione dell'evento;
4) l'avere adoperato sevizie, o l'aver agito con crudeltà verso le persone;
5) l’avere profittato di circostanze di tempo, di luogo o di persona, anche in riferimento all’età, tali da ostacolare la pubblica o privata difesa; (1)
6) l'avere il colpevole commesso il reato durante il tempo, in cui si è sottratto volontariamente alla esecuzione di un mandato o di un ordine di arresto o di cattura o di carcerazione, spedito per un precedente reato;
7) l'avere, nei delitti contro il patrimonio o che comunque offendono il patrimonio, ovvero nei delitti determinati da motivi di lucro, cagionato alla persona offesa dal reato un danno patrimoniale di rilevante gravità;
8) l'avere aggravato o tentato di aggravare le conseguenze del delitto commesso;
9) l'avere commesso il fatto con abuso dei poteri, o con violazione dei doveri inerenti a una pubblica funzione o a un pubblico servizio, ovvero alla qualità di ministro di un culto;
10) l'avere commesso il fatto contro un pubblico ufficiale o una persona incaricata di un pubblico servizio, o rivestita della qualità di ministro del culto cattolico o di un culto ammesso nello Stato, ovvero contro un agente diplomatico o consolare di uno Stato estero, nell'atto o a causa dell'adempimento delle funzioni o del servizio;
11) l'avere commesso il fatto con abuso di autorità o di relazioni domestiche, ovvero con abuso di relazioni di ufficio, di prestazione d'opera, di coabitazione, o di ospitalità;
11-bis) l’avere il colpevole commesso il fatto mentre si trova illegalmente sul territorio nazionale; (2) (3)
11-ter) l’aver commesso un delitto contro la persona ai danni di un soggetto minore all’interno o nelle adiacenze di istituti di istruzione o formazione; (4)
11-quater) l'avere il colpevole commesso un delitto non colposo durante il periodo in cui era ammesso ad una misura alternativa alla detenzione in carcere. (5)
11-quinquies) l'avere, nei delitti non colposi contro la vita e l'incolumità individuale, contro la libertà personale nonché nel delitto di cui all'articolo 572, commesso il fatto in presenza o in danno di un minore di anni diciotto ovvero in danno di persona in stato di gravidanza. (6)

(1) Il precedente comma che recitava: “l'avere profittato di circostanze di tempo, di luogo o di persona, tali da ostacolare la pubblica o privata difesa;” è stato così sostituito dall’art. 1, comma 7, della L. 15 luglio 2009, n. 94
(2) Comma aggiunto dall’art. 1, comma 1, lett. f) del D.L. 23 maggio 2008, n. 92, convertito con modificazioni, nella L. 24 luglio 2008, n. 125. Successivamente la Corte Costituzionale, con sentenza 5-8 luglio 2010, n. 249 (Gazz. Uff. 14 luglio 2010, n. 28 - Prima serie speciale), ha dichiarato, tra l'altro, "l’illegittimità costituzionale dell’art. 61, numero 11-bis, del codice penale".
(3) A norma dell’art. 1, comma 1, della L. 15 luglio 2009, n. 94, la disposizione di cui a questo numero si intende riferita ai cittadini di Paesi non appartenenti all’Unione europea e agli apolidi. La Corte Costituzionale, in via consequenziale, ai sensi dell’art. 27 della legge 11 marzo 1953, n. 87, ha successivamente dichiarato "l’illegittimità costituzionale dell’art. 1, comma 1, della legge 15 luglio 2009, n. 94 (Disposizioni in materia di sicurezza pubblica)";
(4) Numero aggiunto dall’art. 3, comma 20, della L. 15 luglio 2009, n. 94.
(5) Numero aggiunto dall’art. 3, L. 26 novembre 2010, n. 199.
(6) Numero aggiunto dall’art. 1, comma 1, D.L. 14 agosto 2013, n. 93, convertito, con modificazioni, dalla L. 15 ottobre 2013, n. 119."

Art. 61.
Common Aggravating circumstances.

Aggravate the crime when there are no constitutive elements or special aggravating circumstances the following circumstances:

2) the committing of the crime in order to execute or conceal another one, or to gain or secure to himself or to others the product or the profit or the price or the impunity of another offense;

10) having committed the act against a public official or a person in charge of a public service, or dressed as a minister of Catholic worship or a cult admitted to the State, or against a diplomatic or consular agent of a foreign State, in the act or due to the fulfillment of the functions or service;

Source: http://www.altalex.com/documents/news/2014/12/09/del-reato
 
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There has been a lot of discussion about the interrogation and the application to the ECHR. Below is a previous post of mine about the numerous issue the interrogation raises. In addition to the issues I raised in my post, there are other issues raised by the interrogation.

http://www.internationalskeptics.com/forums/showthread.php?postid=11039051#post11039051

* If the prosecution had a mountain of evidence and a slam dunk case against Amanda and Raffaele, how do you explain the tactics the police had to resort to in the interrogations? They were denied access to lawyers, their interrogations were not taped and their rights were not explained. Numerous Italian laws were broken. If the prosecution had a slam dunk case, why did the police need to resort to these dubious, underhand and illegal tactics? If the prosecution had so much evidence against Amanda and Raffaele, why did the police not use this evidence in the interrogations? During the interrogations Amanda and Raffaele were not presented with a single piece of evidence. The evidence overwhelmingly suggests the police used coercion. Raffaele was put under pressure to drop Amanda’s alibi and Amanda was put under pressure to name Lumumba. Lumumba initially claimed the police tried to beat a confession out of him. Why would the police need to rely on coerced confessions if they had a mountain of evidence? If the police had so much evidence at their disposal, why did they have to prepare statements for Amanda to sign?

* PGP claim that Amanda named Lumumba to cover up for Guede. If this was true, why is the notion of Amanda committing murder with Guede full of holes as detailed in my post below :-

http://www.internationalskeptics.com/forums/showthread.php?postid=11970178#post11970178

* The link below details the falsehoods in the fake wiki regarding the interrogation. Why do PGP need to lie about the interrogation if the case against Amanda and Raffaele is such a slam dunk?

http://www.amandaknoxcase.com/the-interrogation/

* Why is that the allegations made against Amanda and Raffaele by the prosecution in the interrogation are completely different from later allegations and why did the defence not make an issue of this :-

During Raffaele’s interrogation he was not accused of taking part in Meredith’s murder and that he only covered up for Amanda. The prosecution later said that Raffaele took part in Meredith’s murder.

During the interrogation Amanda was not accused of stabbing Meredith and the police made no mention in their prepared statement of Lumumba stabbing Meredith. The police take a knife from Raffaele’s apartment and claimed Amanda or Raffaele stabbed Meredith.

In the interrogation Amanda was not accused of directly taking part in Meredith’s and the police suggested Lumumba killed Meredith whilst Amanda was nothing more than an observer. The prosecution later say Amanda directly took part in Meredith’s murder.

During the interrogation there was no mention of Amanda stepping in Meredith’s blood and leaving bloody footprints. The prosecution later say Amanda and Raffaele left bloody footprints in the cottage in the form of luminol prints.

During the interrogations the police make no mention of a staged break in. The prosecution later allege Amanda and Raffaele staged a break in.
 
...
The main or underlying criminal charge for Sections (a) and (b) is CP Article 368. That article defines the crime of calunnia, that is, the crime of false accusation, and not the crimes (violations of law) or torts (civil-suit allegations) of defamation, slander, or calumny as generally understood in the English-speaking countries.

"Art. 368.
Calunnia.

Chiunque, con denunzia, querela, richiesta o istanza, anche se anonima o sotto falso nome, diretta all'autorità giudiziaria o ad un'altra autorità che a quella abbia obbligo di riferirne o alla Corte penale internazionale, incolpa di un reato taluno che egli sa innocente, ovvero simula a carico di lui le tracce di un reato, è punito con la reclusione da due a sei anni (1).
La pena è aumentata se s'incolpa taluno di un reato pel quale la legge stabilisce la pena della reclusione superiore nel massimo a dieci anni, o un'altra pena più grave.
La reclusione è da quattro a dodici anni, se dal fatto deriva una condanna alla reclusione superiore a cinque anni; è da sei a venti anni, se dal fatto deriva una condanna all'ergastolo; e si applica la pena dell'ergastolo, se dal fatto deriva una condanna alla pena di morte (2).

(1) Comma così modificato dall’art. 10, comma 3, L. 20 dicembre 2012, n. 237. Il testo precedentemente in vigore era il seguente: “Chiunque, con denunzia, querela, richiesta o istanza, anche se anonima o sotto falso nome, diretta all'autorità giudiziaria o ad un'altra autorità che a quella abbia obbligo di riferirne, incolpa di un reato taluno che egli sa innocente, ovvero simula a carico di lui le tracce di un reato, è punito con la reclusione da due a sei anni.”.
(2) La pena di morte per i delitti previsti dal codice penale è stata abolita dall'art. 1 del D.Lgs.Lgt. 10 agosto 1944, n. 224."

Here is a (rough) Google translation:

Art. 368.
False Accusation {Google translates as: Slander}.

Anyone, with denunciation, complaint, request or request, even if anonymous or under a false name, directed to the judicial authority or to another authority which is obliged to report it or to the International Criminal Court, shall charge a crime that he he knows he is innocent, or he simulates the traces of a crime against him, he is punished with imprisonment from two to six years (1).
The penalty is increased if one is accused of a crime for which the law establishes a maximum sentence of imprisonment of up to ten years, or another more serious sentence.
The imprisonment is from four to twelve years, if the sentence results in a sentence of imprisonment of more than five years; it is from six to twenty years, if from the fact comes a sentence to life imprisonment; and the penalty of life imprisonment applies if the sentence results in a sentence to the death penalty (2).

(1) Paragraph as amended by art. 10, paragraph 3, Law 20 December 2012, n. 237. The text previously in force was the following: "Anyone, with denunciation, complaint, request or request, even if anonymous or under false name, directed to the judicial authority or to another authority which is obliged to report it, he accuses a crime that he knows he is innocent, or he simulates the traces of a crime against him, he is punished with imprisonment from two to six years ".
(2) The death penalty for crimes provided for by the Penal Code has been abolished by art. 1 of the D.Lgs.Lgt. 10 August 1944, n. 224.

Source: http://www.altalex.com/documents/ne...itti-contro-l-amministrazione-della-giustizia
...

The highlighted part is important. Knox is accused of making a 'false' allegation to "to the judicial authority or to another authority which is obliged to report it". So explicitly it is recognised that Knox had reported the alleged assault to an authority that was obliged to act on the report. However, other than bringing a charge of defamation there seems to have been no investigation into the substance of the claim.

Essentially what has happened is if you make a claim of abuse by the police, it will not be investigated, but you will be charged with making a false claim, a claim which is assumed to be false with no investigation.

But contrary to vixen's claim that no official complaint was made, the callunia case is entirely dependant on a complaint having been made. the mere fact of bringing the case means the Italian authorities accept an effective complaint of abuse by the police against Knox has been made.
 
The highlighted part is important. Knox is accused of making a 'false' allegation to "to the judicial authority or to another authority which is obliged to report it". So explicitly it is recognised that Knox had reported the alleged assault to an authority that was obliged to act on the report. However, other than bringing a charge of defamation there seems to have been no investigation into the substance of the claim.

Essentially what has happened is if you make a claim of abuse by the police, it will not be investigated, but you will be charged with making a false claim, a claim which is assumed to be false with no investigation.

But contrary to vixen's claim that no official complaint was made, the callunia case is entirely dependant on a complaint having been made. the mere fact of bringing the case means the Italian authorities accept an effective complaint of abuse by the police against Knox has been made.

Planigale, thank you for so succinctly summarizing the contradiction in the guilters' position here.

Of course there was not only one complaint from Knox, but repeated complaints, since she was charged with "(repeated) continuous calunnia directed against public officials (the police)". She exhausted the domestic remedies in her last complaint, the appeal to the Chieffi CSC panel arguing against her conviction for calunnia against Lumumba.

In the Communication to Italy in the Knox v. Italy case, Knox was requested to provide a copy of each of her appeals against the calunnia charge by the ECHR. Those appeals will be the evidence that she exhausted domestic remedies no matter what the Italian State claims. And of course, whatever the guilters claim is of no merit at all to the ECHR or to any objective and reasonable persons.

It's that simple.

By the way, the rough translation of CP 368 repeats the word "request". An improved translation would be "request or petition".
 
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From the Boninsegna court judgment motivation report, here's a list of the "assumed" crimes committed against Amanda Knox by the police and Mignini, that, according to the prosecution, would be charged against the police and Mignini if her testimony before the Massei court was considered to be true.

Italian Criminal Code (CP, Codice Penale) Articles 110, 479, and 61 no. 9; Articles 110, 611 – 368, and 61 no. 9; and Articles 110, 81 paragraph 2, 611, 61 no. 9, 378, and 368.

Eliminating the duplicates, here are the unique CP Articles:

CP Articles 61 no. 9, 81 paragraph 2, 110, 368, 378, 479, and 611.

{Sadly, my favorite CP Article 377-bis is not among these, but these other ones are also quite significant.}

Now CP Article 368 defines the crime of calunnia, and the Italian text and an English translation were provided earlier. So let's examine the others, starting with underlying or basic charges.

Art. 378
Favoreggiamento personale.

Chiunque, dopo che fu commesso un delitto per il quale la legge stabilisce la pena di morte) o l'ergastolo o la reclusione, e fuori dei casi di concorso nel medesimo, aiuta taluno a eludere le investigazioni dell'autorità, comprese quelle svolte da organi della Corte penale internazionale, o a sottrarsi alle ricerche effettuate dai medesimi soggetti, è punito con la reclusione fino a quattro anni. (1)
Quando il delitto commesso è quello previsto dall'art. 416-bis, si applica, in ogni caso, la pena della reclusione non inferiore a due anni.
Se si tratta di delitti per i quali la legge stabilisce una pena diversa, ovvero di contravvenzioni, la pena è della multa fino a euro 516.
Le disposizioni di questo articolo si applicano anche quando la persona aiutata non è imputabile o risulta che non ha commesso il delitto.

(1) Il comma che recitava: “Chiunque, dopo che fu commesso un delitto per il quale la legge stabilisce la pena di morte o l'ergastolo o la reclusione, e fuori dei casi di concorso nel medesimo, aiuta taluno a eludere le investigazioni dell'autorità, o a sottrarsi alle ricerche di questa, è punito con la reclusione fino a quattro anni.” è stato così modificato dall’art. 10, co. 9, L. 20 dicembre 2012, n. 237.

Google translation (rough):

Art. 378.
Aiding and abetting a crime {Google has: Personal encouragement}.

Anyone, after a crime has been committed for which the law establishes the death penalty) or life imprisonment or imprisonment, and outside the cases of complicity in the same, helps someone to circumvent the investigations of authority, including those carried out by organs of the International Criminal Court, or to escape the investigation carried out by the same subjects, is punished with imprisonment for up to four years. (1)
When the crime committed is that provided for by art. 416-bis, the sentence of imprisonment of not less than two years applies in any case.
If it is a matter of crimes for which the law establishes a different sentence, that is of contraventions, the penalty is a fine of up to 516 euros.
The provisions of this article also apply when the aided person is not imputable or it turns out that he has not committed the crime.

(1) The paragraph that reads: "Anyone, after a crime has been committed for which the law establishes the death penalty or life imprisonment or imprisonment, and outside the cases of competition in the same, helps someone to circumvent the investigations of authority, or to escape the research of this, is punished with imprisonment for up to four years." was amended by art. 10, co. 9, Law December 20, 2012, n. 237.

Art. 479.
Falsità ideologica commessa dal pubblico ufficiale in atti pubblici.

Il pubblico ufficiale, che, ricevendo o formando un atto nell'esercizio delle sue funzioni, attesta falsamente che un fatto è stato da lui compiuto o è avvenuto alla sua presenza, o attesta come da lui ricevute dichiarazioni a lui non rese, ovvero omette o altera dichiarazioni da lui ricevute, o comunque attesta falsamente fatti dei quali l'atto è destinato a provare la verità, soggiace alle pene stabilite nell'articolo 476.

Google translation:

Art. 479.
Ideological falsehood committed by the public official in public documents.

The public official, who, receiving or forming an act in the exercise of his functions, falsely attests that a fact has been accomplished by him or occurred in his presence, or certifies that he has received statements not made to him, or omits or he alters statements received from him or otherwise falsely attests facts of which the deed is intended to prove the truth, subject to the penalties set forth in article 476*.

*Art. 476.
Material falseness committed by the public official in public documents.

The public official, who, in the exercise of his functions, forms, in whole or in part, a false act or alters a true act, is punished with imprisonment from one to six years.
If the falsehood concerns an act or part of an act, which is authentic until the complaint is found false, the imprisonment is from three to ten years.

Art. 611.
Violenza o minaccia per costringere a commettere un reato

Chiunque usa violenza o minaccia per costringere o determinare altri a commettere un fatto costituente reato è punito con la reclusione fino a cinque anni.
La pena è aumentata se concorrono le condizioni prevedute dall'articolo 339.

Google translation:

Art. 611.Violence or threat to force a crime to be committed

Anyone who uses violence or threat to force or determine others to commit an act constituting a crime is punished with imprisonment for up to five years.The penalty is increased if the conditions set forth in article 339 are met.

The other charges are aggravating factors.

CP Article 61 no. 9 was provided in a previous post in Italian. Here's the Google translation:

Art. 61.
Common Aggravating circumstances.

Aggravate the crime when there are no constitutive elements or special aggravating circumstances the following circumstances:

9) to have committed the offense with abuse of powers, or with violation of the duties inherent to a public function or to a public service, or to the quality of minister of a cult;

Art. 81.
Concorso formale. Reato continuato.

È punito con la pena che dovrebbe infliggersi per la violazione più grave aumentata sino al triplo chi con una sola azione od omissione viola diverse disposizioni di legge ovvero commette più violazioni della medesima disposizione di legge.
Alla stessa pena soggiace chi con più azioni od omissioni, esecutive di un medesimo disegno criminoso, commette anche in tempi diversi più violazioni della stessa o di diverse disposizioni di legge.
Nei casi preveduti da quest'articolo, la pena non può essere superiore a quella che sarebbe applicabile a norma degli articoli precedenti.
Fermi restando i limiti indicati al terzo comma, se i reati in concorso formale o in continuazione con quello più grave sono commessi da soggetti ai quali sia stata applicata la recidiva prevista dall'articolo 99, quarto comma, l'aumento della quantità di pena non può essere comunque inferiore ad un terzo della pena stabilita per il reato più grave. (1)

(1) Comma aggiunto dall’art. 5, comma 1, della L. 5 dicembre 2005, n. 251

Google translation (rough):

Art. 81.
Formal complicity. Crime continued.

It is punished with the penalty that should be inflicted for the more serious violation increased up to three times the one with a single action or omission violates various provisions of law or commits multiple violations of the same legal provision.
The same sentence is subject to those with multiple actions or omissions, executive of the same criminal design, also commits at different times more violations of the same or different provisions of the law.
In the cases foreseen by this article, the penalty can not be higher than that which would be applicable according to the previous articles.
Without prejudice to the limits indicated in the third paragraph, if the offenses in the formal competition or continuation with the more serious one are committed by persons to whom the recidivism provided for in the fourth paragraph of Article 99 has been applied, the increase in the amount of however, it may be less than one third of the penalty established for the most serious crime. (1)

(1) Paragraph added by the art. 5, paragraph 1, of Law 5 December 2005, n. 251

Art. 110.
Pena per coloro che concorrono nel reato.

Quando più persone concorrono nel medesimo reato, ciascuna di esse soggiace alla pena per questo stabilita, salve le disposizioni degli articoli seguenti.

Google translation:

Article 110.Penalty for those who contribute to a crime.

When several persons contribute to the same crime, each of them is subject to the penalty established for this crime, subject to the provisions of the following articles.

Source: http://www.altalex.com/documents/codici-altalex/2014/10/30/codice-penale
 
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The highlighted part is important. Knox is accused of making a 'false' allegation to "to the judicial authority or to another authority which is obliged to report it". So explicitly it is recognised that Knox had reported the alleged assault to an authority that was obliged to act on the report. However, other than bringing a charge of defamation there seems to have been no investigation into the substance of the claim.

Essentially what has happened is if you make a claim of abuse by the police, it will not be investigated, but you will be charged with making a false claim, a claim which is assumed to be false with no investigation.

But contrary to vixen's claim that no official complaint was made, the callunia case is entirely dependant on a complaint having been made. the mere fact of bringing the case means the Italian authorities accept an effective complaint of abuse by the police against Knox has been made.

You are confabulating a criminal complaint with an internal complaint.

For example, you get a ticket for speeding. You appeal. You win, or you lose.

At the same time, the cop who pulled you up used offensive terminology and was rude to you. You make a complaint via the police complaints process.

Is it clear yet?

What you cannot do is take that cop to court seven years later complaining of his behaviour if you never even bothered to register a complaint through the correct procedure at the time.

The court won't be impressed. You never gave the police an opportunity to offer you redress.

It's no good Knox telling everybody about her terrible torture if her own attorney and intermediary at the US Embassy didn't think it material enough to complain formally.
 
So here's the tally of crimes that Amanda Knox OFFICIALLY complained of, in her statements and subsequent appeals to the court, relating to her interrogation, including the slaps, according to Mignini and the other prosecutor who brought the case to the Florence judiciary: 4 stand-alone crimes (CP Articles 368, 378, 479, and 611) and 3 aggravating factors to those crimes (CP Articles 61.9, 81.1, and 110).
And the final and definitive verdict of the Florence court of Judge Boninsegna acquitted Amanda Knox of aggravated continuing calunnia against the police and Mignini. In doing so, the verdict was that the facts of the crime of calunnia did not exist for charge (a), and for charge (b), that the facts of the crime of calunnia did not exist and, specifically for the alleged calunnia of Knox against Mignini, the act was not an offense [the judge taking the position that Knox could not have known that Mignini was (supposedly) not responsible, although the sole leader under Italian law of the investigation, for the abuses of the interrogation].

The Boninsegna verdict motivation report states:

"....further corroboration [would need to] be found of the statements of [the police] witnesses, all of them being involved, with varying degrees, in the events - these elements of validation of the statements against the defendant are missing. This deficiency prevents the overcoming of a reasonable doubt about the truth of the accusations against that same defendant, given the available evidentiary material, which served to highlight, with the words used above, how the most prominent part of the investigation in the main case was performed. It was characterized by rushed, as well as inefficient, investigative strategies, which, clearly, generated more mistakes than reliable and technically usable results.

There is not, hence, sufficient evidence that the events did not occur as Knox reported, as regards the police. But it is also plausible, given the dramatic context that has been revealed, that Knox was convinced or had the - reasonable - doubt of being the victim of an unjustly oppressive and abusive machinery, which she described - in a basic and embryonic but effective manner - at the March hearing, as regards the status of the Prosecutor, evidently thought to be the hierarchical instigator and the authority overseeing the police activity. The Prosecutor was believed by her to be, albeit mistakenly, the primary architect and the inspiration behind her state of subjugation and submission. Hence it follows that, as regards this charge, the fact does not constitute an offense, since it is missing the subjective element [of knowing the innocence of the accused person], there being at most the possibility of [the defendant] accepting this eventuality [dolo eventuale], which is incompatible with the crime of calumny.

It can be, therefore, concluded that the chosen investigative practices induced in the defendant the conviction, or the reasonable doubt, that she was being subjected to a planned, oppressive and unfair investigative action - this also takes into account Knox’s definitive acquittal in the main criminal trial because she did not commit the crime of murder - in light of the overall way in which her interrogation was performed.

There is, therefore, an absence of the evidence to place beyond a reasonable doubt that the events did not indeed occur as the girl related and that she was fully aware of the non-involvement of the Prosecutor in the way the investigations concerning her were performed."
 
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Is there any update on Rudy Guede's request for revision? Last news was that it was denied by the appeal court of Florence.

"I giudici della Corte d'Appello di Firenze hanno infatti respinto - giudicandola "inammissibile" - la richiesta di revisione del processo, presentata dagli avvocati del 31enne ivoriano, convinti del "contrasto" tra la vicenda giudiziaria del loro assistito e quella degli altri due imputati, Raffaele Sollecito e Amanda Knox, giudicati con rito ordinario e usciti infine assolti. I giudici, dopo un'ora di camera di consiglio, contestualmente al pronunciamento sull'inammissibilità dell'istanza, hanno anche stabilito che Guede dovrà pagare le spese processuali. Per la corte d'appello, non c'è stato nessun conflitto di giudicanti con la sentenza che nel 2014 ha definitivamente assolto Amanda Knox e Raffaele Sollecito. "Chiedo che la corte in via preliminare emetta ordinanza con cui dichiara inammissibile per manifesta infondatezza la richiesta della difesa - ha detto il pg Ferrucci - e condanni Rudy Guede, che ha promosso questa richiesta, al pagamento di 2000 euro alla cassa delle ammende". Così, uscendo dall'aula, l'avvocato Tommaso Pietrocarlo, difensore di Rudy Guede, ha commentato coi giornalisti la decisione della corte di appello di Firenze.

Source: http://laprovinciadelsulcis.com/201...mmissibile-la-richiesta-di-revisione-del.html

Google translation:

The judges of the Court of Appeal of Florence have in fact rejected - judging it "inadmissible" - the request for review of the trial, presented by the lawyers of the 31 year old Ivoriano, convinced of the "contrast" between the judicial case of their client and that of the other two defendants , Raffaele Sollecito and Amanda Knox, judged with ordinary court proceedings and released finally acquitted. The judges, after an hour of council chamber, together with the ruling on the inadmissibility of the petition, also established that Guede will have to pay the court costs. For the court of appeal, there was no conflict of judges with the sentence that in 2014 has definitively acquitted Amanda Knox and Raffaele Sollecito. "I ask that the court preliminarily issues an order with which it declares inadmissible to manifestly groundless the request of the defense - said the PG Ferrucci - and condemned Rudy Guede, who promoted this request, to the payment of 2000 euros to the cashier of fines". So, out of the courtroom, the lawyer Tommaso Pietrocarlo, defender of Rudy Guede, commented with the journalists on the decision of the Court of Appeal of Florence.
 
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