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Home Civil resistance The fate of the judiciary

The fate of the judiciary

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Court room in Italy
There has never been a "war between prosecutors": the investigating judge in Perugia closed the procedure against judge Luigi De Magistris and the Salerno prosecutor's office, accused of termination of public service. But in fact, their only fault was investigating political abuse and corruption.  Yet De Magistris and the Prosecutor of Salerno Luigi Apicella suffered disciplinary action, have been transferred and eventually Apicella has left the judiciary. The Deputy Public Prosecutors of Salerno Gabriella Nuzzi and Dionigio Verasani were transferred too.

The Public Prosecutor of Salerno did only his duty searching the offices in Catanzaro, on which he had jurisdiction, because they didn't sent the files about De Magistris and his Why Not investigation about political corruption and organized crime in southern Italy. But newspapers, Tv and much of Italian politics have given the idea that the Prosecutor of Salerno had acted improperly. A lie, disproved definitely even if no one in Italy, apart from blogs and the new newspaper Il Fatto has bothered to inform the public. 
It's the usual plan to delegitimize the italian judiciary that cannot be an independent power as guaranteed by the Constitution, in our country. These days there is a new attack by the Minister Brunetta, now at the forefront to do the nasty face of the government, against the judges who would be responsible for the inefficiency of Italian justice. If in Italy trials are endless isn't the fault of magistrates. Is not the fault of judges if there have been cases of socially dangerous criminals who have been released. Italian politics over the last 15 years has done everything to obstruct the work of the judiciary and decriminalize everything. Because the short season of real independence of the Italian judiciary has led to Clean Hands investigation, and now politicians are scared. The political class that had to be swept away by the end of the so-called "first republic" mostly recycled itself. There was never any second republic, the first survived, despite all the investigations and corruption, and wants to continue to do so. For this reason the judges as De Magistris who dare to investigate the complicities between politics and organized crime must be stopped. 
The problem is not just the gigantic conflict of interest of the premier, a man who should propose laws to parliament, has effectively usurped the legislative function in addition to the executive, is and has been under trial in several processes and last year made a personal law not to be tried. The problem is also the complicity of much of the opposition, which during the previous government has done everything possible and impossible to scuttle the investigations of De Magistris. What could be in this situation the fate of the judiciary in Italy? the third power of the state has no choice but to resist against the intention to subordinate justice to politics. But in a country where politicians have reason to fear the justice and manipulate information in order to use public opinion against judges, to preserve the independence of the judiciary and the Constitution is never easy.

Francesco Defferrari 

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Last Updated on Wednesday, 30 September 2009 14:37  
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