Translated automatically by AI from the Italian original.
MILAN – The preliminary investigations judge at the Milan Court, Tiziana Landoni, has ordered the release of and refused to uphold the detention of Youssef Siher, the 30-year-old accused by the anti-terrorism district section of the Milan Public Prosecutor’s Office of incitement to commit crimes with terrorist intent and violent participation in public demonstrations for creating the social media page “17 October Movement”.
For Siher, who is defended by lawyer Benedetto Ciaccarone, the Public Prosecutor’s Office had requested remand in custody in prison. The judge, however, ruled that there was no serious evidence of guilt against him nor any precautionary need justifying the restrictive measure.
Judge’s reasoning: “Posts called for civil disobedience, not violence”
In the reasoning behind her decision, judge Landoni noted that the content published by Siher contained no reference to violent conduct nor any promotional allusions to the clashes and damage that occurred in Milan on 17 and 18 October (which, moreover, were created after the devastation in question).
The messages posted by Siher, the judge observed, amounted to an invitation to “civil disobedience” and to the organisation of weekly demonstrations to raise public awareness of socio-economic issues, falling within the exercise of non-violent collective protest.
“This was the outcome we were hoping for. We were convinced of the legal soundness of our arguments. It was not feasible to keep someone in prison on that basis. My client has shown himself to be calm and cooperative.”
— Benedetto Ciaccarone, Youssef Siher’s lawyer
Political clash: reactions from Meloni, ANM and Schlein
The Milan judge’s decision triggered an immediate and fierce political reaction. The prime minister, Giorgia Meloni, described the decision not to uphold the detention as “shameful”, calling it “an unbearable slight on the work of the police and investigators”. Later, at a press conference, the prime minister apologised for an error in reconstructing the timeline of the events attributed to Siher, but reiterated her criticism of the judges’ actions.
The National Magistrates Association (ANM) quickly responded, expressing full solidarity with judge Landoni:
“Magistrates’ decisions may be challenged on their merits and appealed in proceedings. Undermining colleagues, even by those holding the highest institutional offices, is an act of intimidation that has no place in a state governed by the rule of law.”
The secretary of the Democratic Party, Elly Schlein, also criticised the government majority’s repeated attacks on the judiciary.
Social media abuse and request for protection to the CSM
Following the leak of the news, judge Landoni became the target of serious attacks and insults on social media (where, moreover, a photo of public prosecutor Francesca Crupi was mistakenly circulated as being of the judge).
In response to this climate, almost all of the robed councillors and several lay members of the High Council of the Judiciary (CSM) have requested the urgent opening of a protective case for judge Tiziana Landoni. In the document, the councillors stress that the prime minister’s statements risk “exposing the magistrate to unjustified personal delegitimisation and turning unwelcome judicial decisions into occasions for political confrontation”.
