1. The survey on military and intelligence archives and the Italian case
Giulia Barrera
Directorate General of Archives (Italy)
30th EBNA conference
Turin, 4 November 2014

2. Why did we chose this topic?

3. Great public interest over the archives of intelligence services
Repeated public calls for the end of secrecy and the opening of intelligence archives

4. “Strategy of tension” (1969-74)
Bombs sow panic, in order to create the preconditions for an authoritarian regime
Members of the intelligence services covered authors of such slaughters

5. President of the Parliamentary Committee that monitors the activities of intelligence services, Massimo D’Alema (2010)
The main sources available to historians about the activities of the Italian intelligence services come from judicial investigations regarding the crimes allegedly committed by some intelligence officers.
Historians who study the Italian intelligence end up with writing histories of criminal acts. Only when the intelligence archives will be opened, President D’Alema concluded, the good work done by the Italian intelligence services will be able to come to light

6. Law 124/2007 on intelligence services and on secrecy
It introduced the possibility of transferring Intelligence Agencies’ documents to State Archives
Previously, only documents of the Intelligence Services of the Fascist period and Minister of Interior intelligence records had been transferred to State Archives

7. Law 124/2007 on intelligence services and on secrecy
It does not dictate clear rules regarding the transferring Intelligence Services’ archives to State Archives
The law leaves to a further decree the task of defining specific rules on the transfer of documents to State Archives
The decree has been issued but it has been classified.

8. April 2014: Directive by Prime Minister Renzi: → declassify and transfer to the State Archives documents on slaughter cases
Already in 2008, a selection of intelligence documents regarding the kidnapping and killing of Christian Democracy President Aldo Moro by the Red brigades (1978) were transferred to the Archivio Centrale dello Stato
Such initiatives are positive, since they are opening intelligence records to research
However, selections of documents are not sufficient for historical research

9. The cold war ended 25 years ago
The times are ripe for starting to declassify post-WWII intelligence and military archives on a regular basis

10. The Carabinieri
They are a police corps, but are part of the Armed Forces
They exist since national unification, and played a key role in national history

11. The Carabinieri
Only very recently did they start setting up historical archives.
Previously, they run a Museum on their own history and their Historical Branch preserved a collection of documents
Much of their archives got lost

12. The Police
Unlike the Carabinieri, the Police has always regularly transferred its archives to the State Archives (including those of police intelligence units).
State archivists participated in decisions regarding selection and transfer of police records

13. Guardia di Finanza
Special police corps that has jurisdiction over illegal financial transactions, tax evasion, money laundering, customs control, etc.
They exist since the 1860s and have played a relevant role in Italian history

14. Guardia di Finanza
For their activities, they create and preserve massive records.
Their Historical Branch collected documents aimed at celebrating the Corps’ deeds.
Much of the archives regarding their regular activities got lost.

15. The survey: 18 answers (including Italy)
Rich answers, difficult to summarize (many notes, exceptions, etc.)
Do you authorize us to place your answers on line?

16. Military Archives

17. Are military archives transferred to the National Archives?
YES: Bulgaria, Cyprus, Denmark, Estonia, Germany, Malta, Netherlands, Norway, Slovenia, Sweden
In part: Italy, Lithuania
NO: Belgium, Czech Republic, France, Greece, Hungary, Spain
Belgium: 2009 reform
→ transfer of military archives to the NA (not enforced yet)

18. YES: Belgium, Czech Republic, France, Lithuania
When military archives are independent, are they staffed with professional archivists?
YES: Belgium, Czech Republic, France, Lithuania
NO: Greece
In part: Italy

19. Are military files transferred to the NA only after declassification?
YES: Bulgaria, Cyprus, Estonia, Lithuania, Netherlands
NO: (i.e. the NA preserve classified docs): Germany, Malta, Norway, Slovenia, Sweden
For the most part YES: Denmark

20. NO: Belgium, France, Germany, Greece, Hungary, Italy, Spain
For the management of records and archives, do military corps have to follow guidelines issued by the National Archives?
YES: Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Lithuania, Malta, Norway, Slovenia
NO: Belgium, France, Germany, Greece, Hungary, Italy, Spain
Netherlands: At the moment of transfer Yes, before NO:
Sweden: Ministries are not under NA supervision, but their guidelines follow those of the NA

21. Do archivists from the NA participate in decisions regarding the selection and transfer of military archives?
YES: Belgium, Bulgaria, Cyprus, Denmark, Estonia, Germany, Malta, Netherlands, Norway, Slovenia, Sweden
NO: Czech Republic, France, Greece, Hungary, Italy
Spain: archivists participate in decisions on selection (not on transfer)
Lithuania: yes, but only for the bodies that transfer their archives to the NA

22. Intelligence archives

23. No: Belgium, Czech Republic, Greece, Hungary, Malta, Spain
The archives of Intelligence Agencies are transferred to the National Archives?
Yes: Bulgaria, Cyprus, Denmark, Estonia, Germany, Netherlands, Slovenia,
No: Belgium, Czech Republic, Greece, Hungary, Malta, Spain
In part: Italy, Sweden
France, Lithuania: civil intelligence YES, military intelligence NO
Norway: Yes but law not yet enforced

24. Are intelligence archives staffed with professional archivists?
YES: Czech Republic, France, Greece, Hungary, Italy, Lithuania, Sweden,
NO: Malta
Spain: We do not know
Belgium: one Intelligence Agency YES, the other one NO

25. Belgium: one Int. Service after 30 years, the other one after 50 years
After how many years are intelligence archives are transferred to the NA (1/2):
Belgium: one Int. Service after 30 years, the other one after 50 years
Bulgaria: 20 years
Cyprus: years
Czech Republic: from 5 to 50 years
Denmark: 5 years digital records, 30 y paper records, 60 classified records

26. Estonia: general rule 10 years (with exceptions)
After how many years are intelligence archives are transferred to the NA(2/2):
Estonia: general rule 10 years (with exceptions)
Germany, Italy, Norway, Sweden: the law does not specify
Hungary: 15 years
Lithuania (civil intelligence): 20 years
Netherlands: 20 years (not enforced)
Slovenia: 30 years

27. For the selection and transfer, do Intelligence Agencies have to follow NA guidelines?
YES: Belgium, Bulgaria, Cyprus, Denmark, Estonia, Germany, Lithuania, Netherlands, Norway, Slovenia, Sweden,
NO: Czech Republic, Greece, Hungary, Italy, Malta, Spain,
France: YES civil intelligence, NO military intelligence

28. NO: Czech Republic, Greece, Hungary, Italy, Malta, Spain,
Do archivists form the NA participate in the decisions over the selection and transfer of intelligence records?
YES: Belgium, Bulgaria, Cyprus, Denmark, Estonia, Germany, Lithuania, Netherlands, Norway, Slovenia, Sweden,
NO: Czech Republic, Greece, Hungary, Italy, Malta, Spain,
France: YES civil intelligence, NO military intelligence

29. YES but with exceptions: Estonia, Italy, Norway, Slovenia
Does the law provide for automatic declassification of classified national security information after a given number of years?
YES: Greece
NO: Belgium, Bulgaria, Cyprus, Danemark, Czech Republic, France, Hungary, Malta, Netherlands, Spain, Sweden
YES but with exceptions: Estonia, Italy, Norway, Slovenia
Lithuania: YES only for “confidential” documents
Germany: YES for records created after 1995, NO for older records, but there are timelines for declassification review

30. Automatic declassification: after how many years?
Estonia: 10, 15, 30, 50 years (unless possible damages for the Republic)
Germany: 30 years
Greece: 15, 20, 30, 50, 60 years
Italy: 10 years (exceptions have no time limit)
Lithuania: 5 years (if doc classified “confidential”)
Norway: 30 years (declassification of individual docs. may be postponed 10 years at a time)

31. Thank you for your attention!