The Turin Court of Appeal has acquitted 18 far-left activists who occupied a former roadman’s house in Oulx, in the Susa Valley, to assist migrants attempting to cross the border into France.
The court ruled that the defendants acted “in a state of necessity,” invoking Article 54 of the Italian Penal Code, which exempts individuals from punishment if they commit acts to save themselves or others from imminent danger.
The case dates back to 2018 when the group occupied the property to provide a refuge for migrants traveling through the harsh mountain terrain of Alta Susa Valley. Many migrants, dressed inadequately for winter conditions, faced life-threatening situations while attempting to cross the border into France. The anarchists argued that their actions were necessary to prevent serious harm or death.
In the first instance, the court acknowledged the “invasion of buildings” but ruled for acquittal on the grounds of the “tenuity of the fact,” recognizing the minor nature of the crime. The building, known in Italian as a casa cantoniera which was previously used to house maintenance workers, had been derelict for some time.
The Court of Appeal went further, accepting the defense’s argument that the group’s actions were legally justified by the urgency of the situation.
“The judges recognized that the migrants, finding themselves in those mountain areas with no place to go and sometimes in summer clothes during winter, faced very serious dangers,” explained defense lawyer Danilo Ghia. “Numerous testimonies confirmed that the defendants saved lives.”
The roadman’s house in Oulx became a hub for migrants and a symbol of resistance for anarchist groups in Piedmont. However, critics argued that the occupation facilitated illegal border crossings, violating Italian and European laws and helping to destabilize the region.
Despite this, the court’s decision highlighted the humanitarian aspect of the case. By applying Article 54, the judges established that the anarchists acted under the necessity of saving lives, creating what some see as a precedent for future cases involving humanitarian aid and migrant assistance.
The decision could encourage similar occupations and actions, potentially leading to legal impunity in cases of unlawful activity carried out under the guise of necessity.
“The principle remains that migrants were not forced to venture into these mountainous areas; they chose to do so to illegally cross another European border,” noted Il Giornale in its report on the ruling. “The anarchists, in facilitating this transition, committed a crime. Yet the court has now created a precedent for such actions to be acquitted.”
