buia come il pozzo più profondo che va da un polo all’altro,
ringrazio gli dei chiunque essi siano
per l’indomabile anima mia.
Nella feroce morsa delle circostanze
non mi sono tirato indietro né ho cried for the anguish.
Under the blows of the ax
fate of my head is bloody, but unbowed.
Beyond this place of wrath and tears Looms but the Horror
of shadows, yet
the menace of the years Finds, and shall find, me unafraid.
It matters not how strait the gate, How charged with punishments the
life.
I am the master of my fate:
I am the captain of my soul.
ATTORNEY TO HEAD DELLA REPUBBLICA
presso
IL TRIBUNALE DI GENOVA
Io sottoscritta BELTRAMO Renata, nata a Millesimo (SV) il 24 ottobre1964, e residente a Savona, Largo Tissoni 4/2; fa atto di Denuncia/Querela nei confronti del magistrato Dott. Giampiero Cavatorta, operante presso il Tribunale per i Minorenni di Genova; Per i fatti di seguito esposti;
PREMESSO CHE
- In data 3 luglio 2009 il Tribunale per i Minorenni di Genova emetteva un decreto ex artt. 333, 336 Cod. Civ. (allegato 1) mediante il quale disponeva “che il Franco Gabriele child was entrusted to the town of Savona, "and ordered" the immediate inclusion in a suitable frame with suspension of all contact with parents;
- On July 13, 2009 the Juvenile Court of Genoa issued a decree on Articles . 333, 336 Civil Code. (Annex 2) by being required "to entrust to the Franco Federico Savona for you to care for him entering, along with older sister Romina Franco, community structure or in a suitable secure accommodation."
- On April 16, 2010 was filed at the Public Prosecutor of Savona, complaint-lawsuit for mistreatment by his son Frederick in the Community "House Mia” di Cairo Montenotte (allegato 3)
violando pertanto la vigente legislazione in materia di “Diritto dei Minori” ovvero: la Legge 149/01 art. 5 c. 2; la Legge 176/91 (ratifica Convenzione di New York sui Diritti del Fanciullo, nella fattispecie in violazione dell’art. 12) e la Legge 848/55 (ratifica della Convenzione Europea sui Diritti e le Libertа fondamentali dell’Uomo – protocollo addizionale n. 11 del gennaio 2001, nella fattispecie in violazione dell’art. 8);
ESPONGO I FATTI
In data 17 agosto 2010 ho presentato alla cancelleria civile del Tribunale per i Minorenni di Genova richiesta per la visione del fascicolo (allegato 4) riferito alla procedimento No 891/96 VG on to my children FRANCO Gabriel, born 23/02/1996 and Federico Franco, born on 17/11/1999 and the judge delegate, Dr. Giampiero CAVATORTA the same day, I denied access to acts, as reflected by the same request document riconsegnatomi (Annex 4), thus placing myself in a state of utter helplessness for not being able to defend against any accusations made against me that led to the removal of my two children by myself and the interruption reports.
reserving the right to form a civil action following the serious "existential damage" I got to show that Attorney MISUSE:
Denied access to documents in the case of the above prevents me from exercising the rights guaranteed and protected by the Italian Constitution under Articles. 24 and 111 and that there is no law that will allow the Juvenile Court secretory the documents before the party concerned.
In particular:
1. Article. 24 of the Constitution states that "the defense is an inviolable right of every citizen in the state and of the proceedings."
2. Article 111 of the Constitution stipulates that the fair takes place in the adversarial process between the parties.
3. The staff of the Juvenile Court consists of judges are also subject to the law (Article 101 of the Constitution)
4. Reads from the 'full right to take cognizance of in the file (see art. CpC 169 and art. 76, 77 Disp. Att. CpC).
5. The judges, although part of a vital organ of the State, are third persons who have to judge in a neutral and impartial in disputes between two or more parties, and thus do not represent the interests of the state, but the proper administration of justice (see Code of ethics of judges and art. 111 of the Constitution).
6. In this case the juvenile courts are third parties in disputes between the State and / parents / suspect / suspect ie s of conduct detrimental to the children. Therefore, not possible for ethics and good governance justice, evade the contradiction between those parties, as they suspect, with good reason, of bias and neutrality for the exclusive benefit of the State, so be undermined by charges imposed by law.
The State, represented by the Social Services (foster parents of the child), may very well commit abuses and errors. The conflict of interest abuses and errors for the irrefutable rules that "no one is perfect" and that "everyone makes mistakes."
can not, in my humble opinion, the court (any court), in disputes between state and citizens, reject the complaints, and instances of evidence presented by these government, in defending against charges brought against them.
Without contradictory between the parties is like saying that the State is always right and can decide the fate of the city (in this case the family) regardless of the facts.
E 'unthinkable, also regarded as "pure gold" only the work of social workers, educators, etc.. Because that is attributed to these people, often young and so inexperienced and / or adequate professionalism, l' infallibility. Do not underestimate also the opportunity that is given to those operators to abuse their position and violating the laws for personal interest (see Articles. 28 and 54 of the Constitution).
should also be clarified that the interim measures issued by the Juvenile Courts limit the rights of children and parents and parental responsibility for children. Assuming that the child is granted and, in this case, the part to be protected, the parent, as it was considered responsible for the discomfort / injury to the children, has the sacred right to defend itself.
It 'just because the regulations issued by the court, must repeat, are limited since their initial phase (in effect sanctions are imposed without trial and without thorough investigation), which must be managed in contradiction between the parties (Articles . 111 of the Constitution) and should be allowed to / parents / to defend at any time (art. 24 Cost.)
I personally think that the right of defense is denied, the classified status of documents and the absence of any discussion between the parties are arbitrary decisions of the judges of the Juvenile Courts, which is not justified in the Constitution, no law nor in logic, because spent a long time since they were issued the first steps and stopped the relationship between the writer and his sons (cf. art. 5 c. 2 Law 149/01).
The gravity and urgency of your immediate action is required by the irreparable harm because of the institutionalization of children and the lack of any project tending to their return within the household.
In light of the foregoing;
ASK
SV • that the proceedings against the illustrious Dr. Giampiero CAVATORTA where there are crimes of "abuse of office" under Article. 323 cp and "Omission of official acts" pursuant to art. 328, in the arrangements provided for by law relating to his duties as Chairman of the Board and CEO of a Judge of the Juvenile Court for the Italian Republic. •
can inspect and acquire copies of documents in the file relating to proceedings referred to above and on my children Gabriel and Fred, to prepare in tempo utile la mia difesa ed il contraddittorio.
• di essere informata, ai sensi degli artt. 408, 409 e 410 c.p.p., su eventuale richiesta di attivazione o richiesta di archiviazione della presente denuncia/querela.
Allego:
Allegato 1: Copia Decreto Tribunale per i Minorenni del 3 luglio 2009;
Allegato 2: Copia Decreto Tribunale per i Minorenni del 13 luglio 2009;
Allegato 3: denuncia-querela per maltrattamenti subiti dal figlio Federico depositata in data 16 aprile 2010
Allegato4: Richiesta con diniego visione fascicolo relativo al procedimento 891/96 V.G.
Con osservanza
Savona lì, 19 agosto 2010
IN WITNESS WHEREOF
BELTRAMO Renata
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