The Antimafia passes the ball to Nordio on the 41-bis to Cospito: “The context has evolved”

The national anti-mafia prosecutor John Melilloin a report sent to the Minister of Justice Carlo Nordio, recommends a “weighted appreciation of the actual preventive relief” compared to maintaining the 41-bis for Alfredo Cospito. In essence, the prosecutors they refer to the “political authority” the assessment of the anarchist’s prison management: a clear position that seems to remove any alibi for the action of the Keeper of the Seals, if one considers that just a few days ago Nordio derogated any choice from the opinion of the Cassation, which will be expressed on February 24th. “It is the prevailing opinion on Cospito’s 41-bis that the minister cannot pronounce himself before having acquired the opinions of the competent judicial authorities”, Nordio said during his briefing to the Chamber, last February 1st. With the report of the National Anti-Mafia Directorate (DNA) released today by Corriere della Serathe minister is instead placed in front of the responsibility for a decision: the alternative to 41-bis would be high security prison or “other forms of control”. There is up to 30 days from the revocation request presented on January 13 by the lawyer of the anarchist held in the Opera prison in Milan, who has been on hunger strike since last October.

To justify the position of the DNA there would be “an evolution” of the context since, in May of last year, Cospito was subjected to harsh prison on the decision of the then Minister of Justice Marta Cartabia. Today’s reality “appears oriented towards a decisive multiplication of documents and tools for ideological elaboration” usable by anarchist movements. And it is this “complex and heterogeneous” panorama that leads the prosecutors to doubt: that is, one wonders whether Cospito’s isolation can really stem the danger “of violent initiatives” to a decisive extent; or if, on the contrary, excluding the prisoner from these circuits proves to be an operation for its own sake. Always bearing in mind that the instrument of 41-bis has a “preventive” and not an “afflictive” character. And which must therefore be motivated by an evident precautionary need.

With the report released today, the government has one more element to evaluate the case by acting in full compliance with the law. The opinion indeed offers a shield against controversy on possible negotiations with those who threaten the state, if Nordio decided to revoke the hard prison. For this reason, the words of the DNA can represent a possible turning point. Provided that the executive aligns itself with an equally decisive response.