At five on the evening of January 28, while in the political debate he rages the Santanchè case, the Prime Minister appears in a social video in which he pronounces these words: «Today’s news is this: the prosecutor of the Republic Francesco Lo Voi (Today Prosecutor of Rome, before Palermo, a magistrate linked to the more moderate current, known for balance and caution, editor’s note), the same as the bankruptcy trial of Matteo Salvini for kidnapping, He just sent me a warranty notice for the crimes of aiding and abetting (because in fact the Libyan leader pursued by the International Criminal Court escaped the arrest, editor’s note) and embezzlement (because it was repatriated, embarked on a state flight, editor’s note) in relation to the affair of the repatriation of the citizen Almasri: warranty notice also sent to Minister Carlo Nordio, Matteo Plantedosi and Alfredo Mantovano I assume following a complaint that was filed by the lawyer Luigi Li Gotti ex leftist politician very close to Romano Prodi known to have defended repentant of the caliber of Buscetta, Brusca and other mafia. (…) The facts are quite well known “, continues the leader of Fratelli d’Italia,” the International Criminal Court, after months of reflection, issues an international arrest warrant against the head of the judicial police of Tripoli, curiously, Just when this person was about to enter Italian territory after he had serenely stayed for about 12 days in three other European states. The request for arrest of the International Criminal Court was not sent to the Italian Ministry of Justice as required by law and for this reason the Court of Appeal of Rome decides not to proceed with its validation “.
“At this point”, Meloni continues, “with this free subject on the Italian territory, rather than leaving it free we decide to expel him and repatriate him immediately, for safety reasons, with a special flight as happens in other similar cases. This is the reason why the Rome prosecutor’s office investigates me, Undersecretary Mantuan and two ministers. I think that what was worth yesterday is worth today: I am not blackmailed, I don’t have intimidated. It is possible that for this reason, let’s say so, I send to those who do not want Italy to change and become better, but also and above all I intend to go on my way to defend Italians, especially when the security of the Nation”.
What is the act of the Prosecutor
The communication in these terms immediately arises the solidarity of the center right and the interpretation from that part of the act as a retaliation against the reform on the separation of careers. In the evening, the National Association Magistrates issued a note in which he explains that the interpretation of the facts is inaccurate, that it is not a guarantee information but a due act, a transmission of documents for competence at the Court of Ministers According to the provisions of a constitutional law to protect the members of the government that are reported: “We report”, writes the National Association of Magistrates who during the same day has seen its new representatives elect, seeing independent judiciary prevail, the most oriented current On the right, “in order to clarify, the total misunderstanding by numerous political exponents of the activity carried out by the Rome Prosecutor’s Office, which has not issued, as has been said by several parties improperly, a guarantee notice against the President Meloni and the Ministers Nordio and planted, but a communication of registration that is in itself an act due because it is provided for by art. 6 paragraph 1 of the constitutional law n. 1/89. The provision requires the prosecutor of the Republic, having received the complaint against a minister, and omit all investigation, to transmit, within fifteen days, the documents to the Court of Ministers, giving immediate communication to the interested parties so that they can present memories to the college or ask to be listened to. It is, therefore, a due act».
From the moment it receives the file, the college for ministerial crimes – composed of three magistrates extracted by the competent district – has ninety days to make investigations and then decide whether to archive, with a decision not challengeable after hearing the opinion of the Prosecutor, or send (always through the Prosecutor) the documents to the competent rooms to request authorization to proceed. To determine the deed was in fact a complaint by the lawyer Li Gotti, on the basis of the other of article 378 criminal code: “Anyone, after a crime was committed for which the law establishes life imprisonment or imprisonment, and outside the cases of competition in the same, helps some to evade the investigations of the authority, including those carried out by bodies of the international criminal court, or to escape the research carried out by the same subjects, is punished with imprisonment of up to four years ” .
Who is the complaint
Regarding Luigi Li Gotti, it must be said that he is an Italian lawyer and former politician, who began his activity with his right in the Italian social movement (MSI) of which he was secretary of the Federation and city councilor, after which he passed first to An Finally to Italy of values and as an expression of that altitude, he intercepted the second Prodi government by entering to be part of it as a Undersecretary at the IDV altitude.
The opposing interpretations on the Almasri case, in recent days
This story, certainly destined to create a long time– including predictable exploitation, of which in some way already the other in Meloni is already part of the “ricetterability”, which could make one think of the insinuation of a wealthy action of the judiciary -,, It arrives not only in a very hot moment, of tension between judiciary and executive, but after a blow and response precisely on the Almasri caseamong the President of the Council that on January 26, from Gedda (Saudi Arabia) had claimed that “he was freed not by choice of the government, but at the disposal of the judiciary”. AND the Anm who in a note had contested the reconstruction: “In reality,” wrote the central executive junta of the National Association of Magistrates on a note on 27 January, “Almasri was freed on January 21 for inertia of the Minister of Justice who could – because news from the judicial police on January 19th and from the Court of Appeal of Rome on January 20 -, and due, out of respect for international obligations, ask for the precautionary custody in view of the delivery to the International Criminal Court Which had marked, against him, a capture mandate for crimes against humanity and war crimes committed in the prison of Mitiga (Libya). Almasri, by political choice and in the silence of the Guardasigilli, the only deputy to ask the judicial authority for a coercive measure, was finally freed, and, albeit investigated for atrocious crimes, reached with state flight to Libya. So much should be said for love of truth ».
A political, communicative and judicial node
The implications of this affair presuppose a node between a political question, a legal issue and another communication, which is intended to refresh tensions. While the note of the Rome Prosecutor’s Office, signed by the Prosecutor himself, is neutral in the tones and content, the decision of the President of the Council to communicate personally first with a video the news indicates On the one hand, a communicative strategy read by several parties as the intention of having the “ball” of the communicative aspect in hand of the story. As often happens in these cases, the news contains a real fact, the communication, with a “political” interpretation functional to what you want to communicate (the personal references to the prosecutor Lo you and the lawyer Li Gotti and the reference to blackmailed , in the video message, indicate a subjective reading, as well as the political comments to follow on one side and the other).
On the other hand, the timing itself, even if neutral, promotes instrumental readings, because the fact takes place in a moment of great institutional tension, in which the Almasri case had already kept the bench: before, when the repatriation act would be He could quietly claim as a political act by a government that continually reaffirms the primacy of politics, in the first instance Meloni had instead attributed it to an autonomous decision of the magistrate, which had led the Anm to clarify. Now, on the contrary, a political value is attributed to the legal act of the Rome prosecutor of Rome.
It goes without saying that all this does not help citizens to understand, on the contrary it will end up increasing the confusion as much as the tension between powers.
According to a calendar established before the act of the Rome Prosecutor’s Office, among other things, in the day Nordio and planted were supposed to report in Parliament on the Almasri case, but the complaint changed the cards. It remains to be understood whether it is right that an act, which in all probability will close very soon with an archiviator, and which in any case would never exceed the possible examination of an authorization to proceed, must and be able to be taken to change the calendar of ‘Government and Parliament activities.
