It looks to me that the Florence court
was not in a position to evaluate whether it was shareable or not. The ECHR judgement is final and isn't a matter to be quibbled about. So, I'd agree with you in that respect.
I'd still argue that the ECHR judgement regarding the lawyer and interpreter violations are overarching; therefore Italy's considerations on the memoriale are irrelevant. I that that CDV should be arguing that if HE were promptly assigned to assist Amanda on the 6th November he'd never have advised her to make the memoriale in the first place, or at least have advised her on the content. The non-assignment of a lawyer of course undermined the fairness of the proceedings as a whole. In other words the use of the memoriale in the current proceedings is deceptive.
Hoots!
I believe that it is not a question of whether or not the Florence Court of Appeals was - or was not - in a position to evaluate Knox's written statements, but rather did that court follow the law - Italian and international - in carrying out the evaluation that led to the provisional conviction.
The Court of Appeals' evaluation and conclusions were unreasonable ("illogical" in Italian legalese) because it failed to examine the complete body of evidence - all the circumstances surrounding the writing of the first memoriale and the meaning of the second memoriale - as well as Italian law CPP Article 533 (a court may lawfully deliver a judgment of guilty only if the evidence has proven beyond a reasonable doubt that the accused is guilty). It is an Italian law (CPP Article 530) that if the evidence of guilt is contradictory (or insufficient or absent [lacking]), the accused must be acquitted.
According to the ECHR - Council of Europe - obligations of Italy (and other member states of the CoE), Italy's judgments, laws, and practices, including its interpretations of law, must conform to the final judgments of the ECHR. Treaty obligations have legal force, and Italy continues in its violations of international law in this case as long as it does not conform to the final judgment of Knox v. Italy. There are three violations: Convention Article 3 (procedural limb), Convention Article 6.1 with 6.3c, and Convention Article 6.1 with 6.3e. The retrial only attempted to address the violation of Convention Article 6.1, but did this in a way that violated conformance with the ECHR's final judgment Knox v. Italy.
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