Dear Schlein, we are not backing down on guarantees: we challenge Nordio

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I would like to talk about justice. Not only of the abuse of office, of which I will also speak. Starting from an evocative anniversary. Forty years ago, these days, Enzo Tortora was arrested and plunged into the nightmare that ruined his life and that of his family. You know the story. One of Italy’s most popular men found himself transformed into a monster, accused by two Camorristi of being a associate of Raffaele Cutulo, a drug and arms dealer. He was totally innocent, but this did not spare him seven months in prison, more than a year under house arrest, a first-degree sentence of ten years in prison, and the massacre carried out – with very few exceptions – by all the media. Tortora’s story is striking, but it is certainly not the only one. I am thinking of that of Giuseppe Gulotta, sentenced to life imprisonment and detained for 22 years before being exonerated. And to others.

But remaining in Tortora, what is least remembered is how, starting from his experience, he became a political fighter for just justice, for everyone. With the referendum on the civil liability of magistrates, which received 80.5% of “yes”, or the battle in favor of the victims of malagiustizia. “Battles – he warned – that concern the freedom and dignity of human beings, concern the civilization of a country”. Unfortunately the “Tortora case” has not changed Italian justice, nor its relationship with the media. There we are, if in the last ten years citizens held in custody awaiting trial have consistently been 35 per cent of prisoners, against 22 per cent of the European average, and more than 12,000 have been acquitted or acquitted in the last 3 years after having ended up in innocent prison. And if a criminal trial continues to last three times the European average. And if the overcrowding rate in prisons – which in Italy is on average 119% – reaches 151 in Lombardy, with peaks of 184 in San Vittore and 178 in the prison of Bergamo. And if in just one year, in 2022, as many as 84 inmates committed suicide in Italian prisons. And if so many people, in many cases not even touched by the investigations, are muddied every day in the newspapers and on TV, before any sentence, even through the publication of completely irrelevant wiretaps. If the murder of poor Giulia Tramontano spills over into the media through the obscene publication of her private chats. If this is the situation, I simply think that the Democratic Party should be in the front line for a different and more just justice, and above all in defense of Article 27 of the Constitution, which establishes a fundamental principle of the rule of law: the NON-GUILTY of the accused until the final sentence.

We have come from thirty years in which the personal story of Silvio Berlusconi, the protagonist of dozens of trials and a repeated exploitation of the legislative function for his own personal advantage, has not facilitated the proceeding of a reflection anchored to the guarantor principles enshrined in the Constitution. But now Berlusconi is gone, now is the time to take a step. Faced with proposals that are not perfect, but which mark a change, in the direction also desired by Enzo Tortora, we cannot stop at just a reflection dictated by our being in opposition to the Meloni government. We have a duty to think about the merits. I am therefore grateful to Elly Schlein for this opportunity for discussion. I will not go into detail on the individual measures proposed. I’m just saying that in a country where preventive detention is used abnormally, it seems appropriate to introduce measures aimed at limiting its application. And that in the face of the indiscriminate publication of wiretaps and private conversations, even the most irrelevant ones, a levee seems appropriate to me, and I wouldn’t call it a gag. And so for the unappealability of first degree acquittals, limited to less serious crimes. Finally the abuse of office. On this point I share the opinion of the great majority of the mayors of the Democratic Party, who have been fighting for the repeal of the crime for years. To protect citizens there are many other penal provisions which precisely define and punish individual crimes against the Public Administration: corruption, embezzlement, disruption of contracts, omission of official acts, and others. (…) I’d like the left, led by the Pd, to regain possession of the guarantor vocation that has characterized its history up to Tangentopoli and Berlusconi. We have the opportunity to take a step in this direction, I hope we do.

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