ABSTRACT: The Radical Party's action to obtain the liberation of Judge Giovanni D'Urso, kidnapped by the "Red Brigades" on December 12 1980, and to oppose that group of political and press officials who advocate his death to justify the imposition in Italy of an "emergency" government composed of "technicians". On February 15 1981, Judge D'Urso was freed: "The camp that advocates inflexibility was organizing and is still organizing a coup d'état: for this as for the 1921 fascism, it needs victims, but this time, unlike what happened with Moro, it has been temporarily defeated: for once, the Red Brigades have not served the purpose. The campaign conducted by Radio Radicale successfully interrupts the blackout on information ordered by the press.

("The life of Judge D'Urso", Who needed it, who sold it, how it was saved - edited by Lino Jannuzzi, Ennio Capelcelatro, Franco Roccella, Valter Vecellio - Supplement to Radical News n.3 - March 1981)

Chronology

December 12: at approximately 8:00 p.m., the Red Brigades kidnap Judge Giovanni D'Urso, councillor of the Court of Cassation, head of the 3rd office of the General Direction of the Institutes of Prevention and Detention of the Ministry of Justice, near his home.

December 13: The Red Brigades place dispatch N.1 in a in waste paper basket in the EUR area, accompanied by a photograph of the magistrate; in the background there is a banner with the slogans of the terrorists and the cloth of the Red Brigades featuring a star with five points. The bulletin announces the imminent trial against Judge D'Urso, who is called "responsible for that which concerns the treatment of imprisoned proletarians". The terrorists ask the Government to dismantle the "differentiation circuit" and to "close the penitentiary of "L'Asinara".

December 14: First appeals for an attitude of "inflexibility" (the first of such are by Valiani (PRI) and Pecchiolo (PCI), against any yielding or negotiation. The wife of the kidnapped judge launches an appeal in which she says she is "willing to do anything in her power" to save her husband's life.

December 15: The Red Brigades diffuse dispatch N.2. "D'Urso - states the Red Brigades' leaflet - is in good health. He is cooperating. The role he carried out in prisons leaves no doubt: all the imprisoned proletarians known him to be a tyrant and a bastard".

December 16: Replying at the Chamber of Deputies to several questions and interrogations on the D'Urso case, presented by all groups but chiefly by Radical parliamentarians, The Minister of the Interior, Rognoni, concludes his address with this precise commitment: "the Government will leave no stone unturned, within the limits of its possibilities, to achieve the primary objective of the restitution of Judge D'Urso to his family...In such perspective, the Government will try all that is possible and will not neglect no opportunity that can lead to a positive outcome of this affair, which objectively concerns the deepest values of the "private" sphere. Among the parliamentarians who participate in the debate, radicals De Cataldo, Boato, Crivellini, Teodori, Cicciomessere, Melega and Aglietta. Boato asks the government to immediately close the special section of the penitentiary of L'Asinara.

December 18: The Red Brigades diffuse dispatch No.3. They no longer refer to a "trial", but they ask the immediate and final closing of the penitentiary of L'Asinara. A very animated assembly of judges takes place: during the debate, the considerable defaults of the Government on the most urgent and serious problems of the judicial administration are denounced.

December 19: Several political exponents and newspapers declare they are contrary to closing the penitentiary of L'Asinara, because the provision, they claim, even if it is fair and long since decided, could be interpreted as an "abdication" to the Red Brigades. Organized by the Radical Party of Latium, a demonstration takes place in front of the Ministry of Justice for the immediate closing of the penitentiary of L'Asinara, with the purpose of taking away all alibis from the terrorists.

A fake, hand-written message is found: it urges a debate on special penitentiaries and the active and direct participation of the Radical Party in the affair. That same day, Marco Donat Cattin, a terrorist the police had long been searching for, is captured in Paris.

December 20: The radical parliamentary groups of the Chamber and the Senate meet for three consecutive days in a hotel in Rome. At the end of the meeting, they request the immediate summons of the Judicial Committee of the Chamber of Deputies, the immediate closing of the special maximum-security section of the penitentiary of L'Asinara, and the urgent debate in Parliament on problems relating to prison policies and the reform of prison guards.

December 23: The daughters of Judge D'Urso, Lorena and Giada, send a letter with no address to their father: "Father dear, this will be a sad Christmas without you, be we are close to your heart nonetheless. We firmly believe that our love and our prayers will give you the strength to resist. We are doing all that is possible to save you".

The Red Brigades diffuse dispatch N.4. It states that the prisoner is "talking" and that "proletarian justice will make its course rapidly".

Marco Pannella writes a long and articulate article on "Lotta Continua", in which he states, among other things, that the Radicals and nonviolents are contrary to the establishment of any negotiation with violent individuals, but that they are willing to establish a dialogue with the "comrades assassins". "Consider us - Pannella states - at your disposal not to cooperate, but to talk openly".

December 25: A dispatch of the executive of the PSI is released, which urges the immediate closing of the special section of the penitentiary of L'Asinara. The dispatch also states that if the decision to close the section "in the current circumstances might be judged as a concession made to the terrorist blackmail in exchange for the release of Judge D'Urso, in reality it corresponds to a totally justified fulfilment, requested and urged by many, including governmental and administrative forces"; therefore, the decision "does not involve any weakness or renunciation", and the PSI is convinced that it is "necessary to immediately offer the kidnappers of Judge D'Urso the occasion to avoid a further barbaric crime".

December 26: On the day after Christmas, by means of a ministerial decision, the Government announces it will close the penitentiary of L'Asinara. The provision, which had long since been decided, is called "serious" by the PCI, which interprets it as a sign of weakness.

December 28: The Red Brigades diffuse dispatch No.5: "we do not trust the promises of the imperialist State", they write. They urge the immediate dismantlement of L'Asinara, which has in practice already been done. Judge D'Urso writes a letter to his superior, Sisti: in a deliberately bureaucratic language he too urges the closing of the penitentiary of L'Asinara. On the same day, a revolt explodes in the maximum-security penitentiary of Trani, organized by imprisoned terrorists. Mimmo Pinto immediately leaves for the penitentiary in revolt.

December 29: With a blitz, special units of the Carabinieri control succeed in crushing the revolt in Trani without shedding any blood.

December 31: The Red Brigades kill the General of the Carabinieri Enrico Galvaligi in Rome.

On the same day, in Ortisei, the police arrest a journalist from "L'Espresso", Mario Scialoja. Together with his colleague Bultrini (who is also arrested a few hours later), he had had contacts with a member of the Red Brigades, who gave him the statement of examination of Judge D'Urso as well as a document-interview in which the Red Brigades answer many self-asked questions.

January 1: With dispatch No.7, the Red Brigades claim responsibility for the assassination of General Galvaligi, stating that it represents an answer to the blitz made by the Carabinieri in Trani. They admit that "the authority has dealt a strong blow against the class movement", but they promise they will "deal blows ten times stronger and more terrifying".

January 4: Non stop hotline of Radio Radicale on the denunciation of the violences committed against the prisoners at Trani on the part of the carabinieri or prison guards or by both - this remains to be ascertained - during the blitz to crush the revolt, or perhaps after it. A girl named Daniela calls in and on behalf of the Committee of relatives of the prisoners of Trani talks about the cases of beatings up she knows of. During the call-in show, which features the presence of Marco Pannella and Giovanni Negri in addition to Franco Roccella, the Red Brigades diffuse dispatch N.8, whereby they they announce that Judge D'Urso has been sentenced to death; however, they say, such sentence could be "suspended" if the committees of the prisoners of Trani and Palmi deemed it "politically inadvisable". The opinion and the decision of the prisoners of the penitentiaries of Trani and Palmi, however, must be published by all daily press organs and by radio and TV news bulletins.

By means of the same hot line, all Radical parliamentarians are immediately summoned to the Radical Party's headquarters to decide with the uttermost urgency of the conditions and the contents of the visit of a Radical delegation in the maximum-security prisons of Trani and Palmi.

January 5: While the Radical parliamentarians announce the departure of a radical delegation for Trani and Palmi with the purpose of carrying out an inspection, in conformity with art.67 of law n.354 of 26 July 1975, the press decides a black-out. The first to announce such decision is the editor of "Il Tempo", Gianni Letta, followed by Gustavo Selva, editor of the GR-2. Soon, other newspapers of the Rizzoli group join the initiative, first of all "Il Corriere della Sera", then "Il Giornale Nuovo" through its editor Montanelli, "Il Giorno" and the radio and TV newspapers of the RAI. In the meanwhile, a joint meeting of the Justice and Interior Committee is under way, during which Sarti announces his intention to resume the old draft bill for the censorship of information organs. On such occasion, Senator Leo Valiani pronounces the most undemocratic of his speeches in his entire career of member of Parliament and journalist.

January 6: Mrs. D'Urso sends a letter to her husband: "I will do all that is possible to do what you ask me, despite objective difficulties".

In the prison of Trani, the Radical parliamentarians meet the promoters of the revolt.

The polemic on the press black-out is spreading.

January 7: The Committee of prisoners of Palmi gives a document in which they write that "Judge D'Urso may be released". During a press conference, the radicals inform that the message of the prisoners of Palmi is distorted. The Radicals want to know who is behind such operation. The announcement is given that on the following day, the dispatch of the prisoners of Palmi will be published. The radicals among other things maintain that the dignity and the force of the law depend on the life of D'Urso, and they denounce the infamy of those who mistake force with abdication. Forlani (1) pronounces a "pro-coup" speech during a visit in a barrack of the Carabinieri. The absurdity lies in the fact that while Forlani disguises himself as a carabiniere, the General of the Carabinieri, Cappuzzo, delivers a "political" speech, insisting on the need for reforms. Terrorism, says Cappuzzo, cannot be defeated with repression alone.

January 8: The Radical parliamentary delegation, consisting of Massimo Teodori, Domenico Pinto, Franco De Cataldo, Gianfranco Spadaccia and Massimo Stanzani, returns to Rome after the inspection carried out in the penitentiary of Trani. In a press conference, the delegation reads out the documents received by the prisoners, in which they link the suspension of the death sentence of D'Urso to the publication of the two dispatches of Trani and Palmi on the major press organs. The radical delegation also reveals that on the basis of its controls, the prisoners were really beaten up for three hours starting at 5 p.m., in correspondence with the conclusion of the blitz of 29 December. 41 prisoners are injured, and most of them suffered fractures in the hands, the wrists, the fingers or the head. Then, during the whole night between the 29th and the 30th, they are kept outside, despite the bitter cold.

January 9: The debate on terrorism is resumed at the Chamber of Deputies. The Minister of Justice, Sarti, justifies the decision of closing the penitentiary of L'Asinara as the implementation of previously decided provisions, but censors the magistracy for having released on bail Professor Gianfranco Faina, ailing from a lung cancer aggravated by diffused metastases. Radicals Aglietta, Boato, Cicciomessere, De Cataldo, Melega, Pinto, Rippa, Roccella, Teodori and Tessari take part in the debate. While the debate is under way, the news is divulged that "L'Avanti!" has decided to publish the documents of the prisoners of Trani and Palmi; this sparks a commotion. Especially the communists violently attack the radicals first and the socialists secondarily. Serious accidents occur between communists and radicals, but with the latter the communists prefer to resort to physical violence, by attacking and beating up Roberto Cicciomessere. Pajetta (2) especially throws a glass of beer against him, while his party comr

ade Maria Ciai Trivelli slaps him.

January 10: The Red Brigades diffuse dispatch No.10. D'Urso, they say, will be killed within 48 hours if the major press organs persist in their black-out. The newspapers that have to that moment published the documents are: "Lotta Continua", "Il Manifesto", "Lavoro" (a decision which causes the editor, Zincone, to be fired, in that the paper infringes the orders of the owner, Rizzoli); "I diari"; moreover, Radio Radicale is organizing an alternative information network; but the Red brigades do not seem to be satisfied.

The alleged intermediary between the Red Brigades and "L'Espresso" is identified: it is Giovanni Senzani, criminologist.

Leonardo Sciascia (3) promotes an appeal to urge the publication of the documents of the prisoners of Trani and Palmi. In a few hours, many people sign the appeal: Eleonora Moro, Stella Tobagi, Andrea Casalegno; dozens of journalists, men of culture, politicians.

In all newspapers, the journalists who do not accept the black-out promote assemblies and meetings. The editor of "La Nazione", Piazzesi, who is inclined to publish the documents, is blocked by the owning company. "Il Messaggero" and "Il Secolo XIX" publish the documents as soon as they are sure that D'Urso will be released. "Il Giorno" publishes the documents after he is released.

January 11: The magistracy of Rome signs 79 arrest warrants for 79 prisoners of Trani and Palmi, considered guilty of "participation in kidnapping".

January 12: Leonardo Sciascia divulges an appeal to all newspapers, to their editors, journalists, owners and readers, urging the publication of the documents of Trani and Palmi: "to accept the blackmail - Sciascia writes - is far nobler and more useful in this circumstance than refusing it".

A new appeal by Franca D'Urso to the editors of the newspapers and to the citizens, asking them to demonstrate their dissent in all ways and forms, against the absurd position the newspapers have assumed.

Lorena D'Ursa appears on a TV political debate put at the disposal of her family by the Radical party, and addresses an appeal to the editors of the newspapers and to the Red Brigades, asking them to spare the life of her father. She asks the editors of the newspapers to publish the documents of the prisoners, in that this will induce the Red Brigades to refrain from carrying out the death sentence. Lorena also reads a passage of a communiqué of the prisoners, in which her father is referred to as a "tyrant".

"L'Unità", "Paese Sera", "La Repubblica", "Il Corriere della Sera" accuse the Radicals and Pannella especially, for having forced Lorena D'Urso to appear on television. Scalfari appeals to the President of the Republic, Pertini, requesting him to intervene, if necessary overcoming the limits established by the Constitution.

January 13: Lorena D'Urso states at the ANSA (4) that no one forced her to read the dispatch of the prisoners of Palmi on television, and that she did out of her own will with the purpose of saving her father.

In Via di Pietra, a letter is found in which Giovanni D'Urso addressed himself to the editor of "L'Avanti!", Intini, thanking him for the position taken by his newspaper, which decided to publish the documents of Trani and Palmi. D'Urso confirms that his life depends on the publication of those documents on the major newspapers. This leads the editor of "Il Messaggero", Emiliani, and of "Il Secolo XIX", Tito, to publish the documents.

January 14: Marco Pannella accuses the party which advocates "inflexibility", the Jacobins and the united Bourbons, to attempt to involve the President of the Republic in the affair with dubious manoeuvres.

Third appeal by Leonardo Sciascia, this time addressed to the Red Brigades, who are placed in front of their own ideological coherence. "You have disdainfully denied being the "blind means of other people's sharp-eyed manoeuvres". But are you not assailed by the doubt that you are such means, by killing Judge D'Urso at this point? Look around you, ask your companions, think, if you can. Your cause, the cause which you say you struggle for, has long since been lost: would it not be a tragic joke, to realize tomorrow that you have ruthlessly operated for interests which you will be the first victims of?" At the Chamber the fiery debate on terrorism and the kidnapping of the magistrate is going on, when dispatch n. 10 is diffused, with the announcement of the decision to release D'Urso. With a nonchalance which is a symptom of an incredible nerve, the advocates of an attitude of "inflexibility" claim the merit for the judge's release; they state that they are glad that d'Urso will survive, but even more satisfi

ed for not having given in, in that this forced the Red brigades to yield, forgetting that when their "inflexibility" is not adequately counterbalanced by an action which privileges the values of life and rejects the logic of brute negotiation, the hostage is always killed (as in the case of Moro). A few hours after the arrival of dispatch No.10, the press agencies inform that D'Urso has been found and hospitalized at the Policlinico Gemelli. The first medical examinations allegedly confirm that he is in good conditions of health. Some time later they inform that there has been a misunderstanding, that D'Urso has not been found, nor have they any idea as to whether he has or not been released. New suspense for the destiny of D'Urso...

January 15: D'urso is found alive, chained inside a Fiat 127 in via di Portico d'Ottavia, near the Ministry of Justice.

Translator's notes

(1) Arnlaldo Forlani (1925): Secretary of the Christian Democrat Party (1969-73), Minister of Defence ('74-76) and of Foreign Affairs ('76-79), Prime Minister ('80-81). Prime Minister at the time of the kidnapping.

(2) Giancarlo Pajetta (1911-1990): politician. Leader of the PCI, he was one of the main organizers of the Resistance.

(3) Leonardo Sciascia (1921-1990): Italian writer. He denounced the evils of the Sicilian and Italian society with works such as "Il giorno della civetta" (1961), "Todo modo" (1974).

(4) ANSA: Italian Associated Press Agency.