Luca Palamara against removal from the judiciary. Appeal to the European Court of Human Rights

On 4 August, the joint sections of the Cassation confirmed the expulsion from the judiciary of Luca Palamara, but the former prosecutor and president of the ANM appealed to the European Court of Human Rights. “The disciplinary section that removed Dr. Palamara was not a third and impartial judge. In the appeal – presented by the German lawyers, Rampioni, Buratti and Palla – he complains the violation of article 6 of the ECtHR to the extent that the right to a fair trial has not been guaranteed, in terms of impartiality and impartiality “.

Palamara was the first former advisor to the High Council of the Judiciary and former president of the Magistrates Association to be removed from the judiciary. The story at the center of the trial is the night meeting at the Champagne hotel in Rome on May 9, 2019, in which, according to the Palamara accusation, five councilors of the CSM (all resigned and now in disciplinary process) and the politicians Luca Lotti and Cosimo Ferri – also a magistrate – they discussed strategies on future appointments to the top of the prosecutors. Intercepted meeting with a Trojan in Palamara’s cell phone, which had ended up under investigation in Perugia and is now accused of corruption.

In particular, the defense of Palamara – for which the trial is underway – believes that the CSM was not impartial “pending the failure to abstention and the unwilling recusal of Dr. Davigo who held the role of disciplinary judge despite having had knowledge of the facts that are the subject of the indictment outside the disciplinary proceedings“. Furthermore, according to the defense of the former president of the ANM, “Dr. Palamara was prevented from his right of defense by denying the admission of decisive evidence to prove his innocence”. “In an upcoming press conference – concludes the defense note – the details of the appeal will be explained also in light of the annulment of the Council of State the appointment of the deputy president of the Supreme Court Dr. Cassano who chaired the college of the United Sections which confirmed the decision to remove the CSM “.

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