Tag Archives: Mafia

Speech of Dr. Luigi Patronaggio, Chief Prosecutor of Agrigento

I wish to express my gratitude to the organizers of this meeting, all belonging to a remarkable psychological field and I apologize to them in advance for the diversity of my language and for the incursion in “other knowledges”, hoping that this diversity could represent a source of mutual enrichment.

Part 1 – From retributive justice to restorative justice.

In more than thirty years long of professional experience, I have often bumped into the shadows of evil: how much vile darkness there is in a raped child, in a colleague magistrate or in some friends, policemen blown up by mafia-related criminals. Orin those innocent victims blown up while they are going to the beach, to a concert or to watch a football match at the stadium, or even in the bodies of young women, children and men floating in the same sea where new slave traders, unscrupulous merchants, have dragged them with the promise of a better life.

After a pistol shot, a burst, after the cries of the shipwrecked victims on a sinking boat … after all … it remains only darkness and quiet. Where there previously was life and joy, now there is silence. Darkness replaced the light.

To continue the metaphor, dear to people who are familiar with symbols, the legal order of a democratic State is a rational construction, and generally an ideal, geometric and illuminated city. Any time this order is violated the geometric shape is compromised and the lights turn off or dim according to the entity of the crime that has violated the law.

Rationality gives way to emotionality.

From the earliest times the violated law, or better the violated order, is restored through the punishment and the expulsion from the civil cohabitation of the criminal.

Since the earliest times,men have always responded to evil with evil: this happened with the vengeful God of the Jews (… it will take centuries until he becomes the Merciful God of the Christians). It happened with the Romans up to the Islamic world. If you do evil you will receive evil.

But be careful: it is a good thing that the order has laid down certain rules to overcome the rupture and go ahead, otherwise, we would still be stuck to the ordeal.

The Western juridical civilization has provided rules with universal validity:  “Nullumcrimennullapena sine lege”, stated the Latins, the creators of the principle of the strict legality in the criminal law. This principle is still a pillar of the Western civilization. Likewise, the principle of non-retroactivity of the criminal law and the one corollary to the right to a fair trial,are fixed points in our civilization, codified in the European Convention on Human Rights.

And nonetheless, our human and legal sensibility has been more and more refined to get to understand that the violated order doesn’t always recreate through the punishment and the expulsion from the civil cohabitation.

This is not the place where to reaffirm (something too obvious) the necessary re-educative function of the punishment or the rejection of the death penalty. Or even, the tendential unconstitutionality of thelife sentence with the “never ending serve the term of imprisonment”.

What we want to highlight here, is that there are moments and contexts where it is necessary to go beyond the concept of retributive justice and enter the restorative or reconstructive justice: the so called “Restorative Justice” in the Anglo-Saxon world.

A justice that allows the executioner and the victim to communicate and together overcome evil. Only then, the violated order can be recreatedthrough the germination of healthy cells instead of being mutilated of its sick parts through surgical operations.

There are now many examples of this “other” justice, and all are renowned. The best-known of all is perhaps the one of the Truth and Reconciliation Commission of South Africa.

Where the apartheid was brought to an end not through the victory of a faction against another and with the imposition of the criminal law from the winner, but through a process of voluntary participation where was given voice to the victims;where the executioners recognized their own faults and promptly act to fix them; where everybody made every effort to create a new state and where the prosecution intended as a punishmentremained in the background of this process until it disappeared.

Other examples of restorative justice are found in the juvenile criminal law, in the criminal mediation and now, at a European level and in the international legislation, the principle of a “different” justice is also appealed in official documents (see the Council of Europe Recommendation of 1999 on the criminal mediation).

There are also olderexamples, such as the extended amnesty issued by the Italian Minister of Justice Togliatti that, by the pay off of crimes, committed both by the winners and the losers, allowed the Italians to resume apeaceful and democratic dialogue with each other after the civil war following the 8th September 1943.

For instance, the latest laws on the matter of stalking, highlight the need to take actionnot only on the victim but also on the stalker in order to understand its push toward violence and to educate him tothe respect for women and more generally for vulnerable people.

Furthermore, family mediation tries to make a couple, facing an hard communicative time, in a dialogue situation in order to help them solve together their troubles, in the main interest of their children, leaving as a last resort, the authoritarian decision of the judge.

Thus, rebuilding starting from the victims, giving them voice and helping them to dialogue with the responsible for the crimes committed against them.

Then, restoring the order not through the isolation or the state violence, but through the restorative reconstruction where the voice of the victim, in a central position, is able to generate a process of reviewing of the evil by the criminal, with the aid of a third impartial mediator.

Certainly, this is an easy-to-apply paradigm in case of less serious crimes, i.e. a paradigm to apply in case of global and complex situations where the basis for the dialogue still exist.

But, is it possible to apply this paradigm against the international terrorism that threats us inside our houses, or against the humanity and war crimes? The most obvious reply is negative: the answer to the most serious crimes can be only a punitive reply, although with the most evolved forms of the international criminal law with which we have hardly endowed ourselves, since the Nuremberg trial of the Nazi war criminals.

Anyway, the choice of a proper international criminal law appeal doesn’t exempt us from the duty to understand and to face the shadow… to keep satisfying the symbolic language, well appreciated in this forum.

This is not the right place where to discuss the matter of the international criminal law, its entitlement as a non-codified right applicable to any person recognized as a guilty of crimes against humanity, regardless of where the crimes have been committed, or to reject the accusation put forward to that punitive claim as the criminal law of the enemy, as the winner’s right.

It must be stressed that, with the creation of the International Criminal Court (The Hague – July 2002), the western society, once again, has tried to overcome the de-structuring of the civil cohabitation through the rational means of the written law, the certainty of the rules and the punishments, by codifying fair and guaranteed procedures, overcoming a principle that had established after the tragedy of the Second World War, according to which “ in delictisatrocissimispotestjudexjuratransgrendi”, i.e. “in delictisatrocissimisjuratransgrendi licet”.

Principles that unfortunately came again to the surface after the 11th September in USA with the use of legalized torture and the opening of special detention centers, such as Guantanamo.

Moreover, not all States took part to the Rome Convention, and as a matter of fact only 124 States approved the Rome Statute, and 32 signed but not approved the same agreements, such as USA, Russia, China and Israel.

“To Understand” is now then the new imperative to overcome, restart and restore.

Essential condition to face any attack to the civil cohabitation is to nevergive way to irrational and authoritarian temptations. It is also necessary a big effort of all social sciences and the combinationofall methods for the development of a social heuristics.

Who’s then this terrorist that threat us right inside our home, that prevent us from going to a concert, enjoying an exhibition or enjoying the right to democratic participation?

Part 2 – The identity of the terrorist.

Speaking of Mafia, as I already marked before, I defined the mafia-related criminal as an individual without identity who finds it inside the mafia organizationby moving the ideals of this selected group which is in contrast to the others, and whose language is only violence and prevarication. A cooperating witness used to say that before becoming part of “CosaNostra”, he was “nudduimmiscatucùnenti” (Italian translation in the text: I was anyone mixed up with anything).

Likewise, I would like to define the denominational terrorist (and I deliberately adopt this definition, not only to be politically correct) as a weak individual in search of a strong identity.

On the basis of our experience in investigation, we know that the terrorist organizations recruit young people in the occupied territories by the illusion of a status and the flattery of belonging to a selected elite, that the systematic recourse to acts of violence is justified in the name of a higher project; that all those people who don’t belong to the group are considered inferior because they are traitors, unfaithful and corrupted.

They usually wear black uniforms and have a long beard to underline the difference between them and the others. We all know the images of the ISIS troupes on the Internet, with a black background and waving black flags. It’s no coincidence that they choose this color: black is the denial of all colors, as the Nazi aesthetics had already stated about 100 years ago.

Certainly their weak, or better, wounded identity, is the result of centuries of a western ethnocentrism that turns a deaf ear to the claims of the third world countries.

It is no coincidence that terrorism develops in the occupied territories where people live in marginal conditions, but also in the suburbs of the European cities where the cultural integration process hasn’t occurred.

And I want to dispel here a cliché that identifies terrorism with immigration.

And I will dispel it with my long professional experience and the strength of the actual numbers issued by the Italian Ministry of the Interior: the terrorists don’tarrive here with the immigrants on the boats in the Sicilian Canal. Andeven if a terrorist that is running away from the war in Libya, reaches our shores, he doesn’t travel on unsteady boats, but only on comfortable motorboats for deep-sea fishing. It means only under safe conditions.

The terrorists are in our houses, in the suburbs of our cities, in our prisonswhere they often  radicalize themselves. Descendants of past immigration,result of the post-Colonialism period, never integrated into the cultures of the host countries, they are often unemployed andexpress their hate towards the West culture through terrorism.A culture thatthey envy for its level of well-being and quality of life; hatedand denied at the same timebecause unreachable.

The terrorist is often formed on the Internet that deliberately provides him theimage of a fake and virtual world, just and ordered, opposite to the real world, represented as corrupted, that for the aspiring terrorist is a source of desire and frustration at the same time. And even the “holy war” is represented on the Internet as a triumphal advance full of violence and cruelty that the Foreign Fighters will experience and that probably theywill never be able to leave.

I would like to make it clear that terrorism has nothing to do with immigration.

The terrorist is in search of a strong identity, the immigrant instead, has a clear and rooted identity and he is only in search of a country where he can express its identity, denied in his own country because of wars, famine and persecutions.

 

The terrorist exports blind and angry violence. The migrant instead, only uses violence against himselfby putting at risk his own lifeand the one of his family,undertaking journeys under unsafe conditions,during which they are often physically and sexually abused.

We shouldn’t be scared; we shouldn’t fear the immigrant; we shouldn’t fear the cultural influence because it is only a source of enrichment; we should feed from the culture of acceptance; we should have the ability to distinguish between hate and fear, to recognize other people’s roots, to listen to the other: the victims of this epic phenomenon.

I would like to conclude my speech by going back to the need to listen to the others, the victims, and inviting you to listen to these people coming from the other part of the Sicilian Canal and to pay attention to their stories.

Stories full of pain and violence. They travelled thousands of miles through the desert, in the hands of unscrupulous human traders that drive poor people on overloaded old off-road vehicles letting them to die of thirst in the desert.

Stories of human traders that sell these poor people to the best bidder; migrants that are sold to different military factions, raped, divested of their belonging and harassed; traffickers that extort considerable amounts of money from their victims by blackmailing them with their abandonment; traffickers that cram the immigrants inside sheds located along the coasts of Lybia, under the burning sun and in slavery conditions.Stories of migrant women that quietly accept to be constantly raped by their captors, trying only to avoid unwanted pregnancies. The government forces are absent, legality is absent, there are only armed and violent factions and tribes that live by trading human beings.

These are the voices we must listen to, voices that make us act and qualify what happens on the Libyan coasts and in the Sahara desert as crimes against humanity. Those voices must lead us to  strongly claim the opening of an humanitarian corridor from Libya, under the ONU signatures, to accommodate and redistribute migrants in Europe.

There is a right that must be affirmed as “Human Right”, and as such protected, and that is the right to migration, the right to escape from wars and deportations, to famines and epidemics. It is mandatory to stop military operations, and its political strategies and reversals between the various European nations committed to governing the Canal of Sicily. Stop with political disputes made of ephemeral and uncertain boundaries to be protected.

Pope Francis said: “it is necessary to become builders of bridges not of walls”.

Let’s just look inside, we should not be afraid, but believe in our Western, lay, tolerant, relativistic culture, produced after the dark years of the two World Wars. A cultural model open to multiracial and multi-confessional society. A cultural model we must insist on building a Europe of Nations, of people, not a Europe of banks and markets.

Kristina Kappelin, Berlusconi – Italienaren (Stockholm: Brombergs, 2010)

Kappelin knows, and loves, Italy: there is no trace, in her work, of a superiority complex towards Italians – such folkloristic people! ? which is on the contrary a common feature of some foreign media when dealing with Italy. Rather, Kappelin tries to understand how came that a country with a unique cultural and historical heritage has let itself be bluffed by a man who has – perhaps irreparably – compromised Italy’s reputation in the world.

And the book is indeed not only about the founder of “Forza Italia”, but instead, as it is made clear by the meaningful title (Berlusconi. The Italian), about Berlusconi as embodiment of some national peculiarities, so to say.

Italy in the whole have not yet been able to reflect about Berlusconi’s almost twenty-year dominance over the country’s political and economic life, pressed as it is just now (February 2012) by a never-ending emergency – the risk of a financial collapse – which caused, in November 2011, the appointment of a “technical government” (i.e. voted by the Parliament but not resulting from the last general election) being charged with the task of crisis management. Furthermore, although “style” is significant – professor Mario Monti does not “peekaboo” the German chancellor (Kappelin reminds Berlusconi’s blunders in chapter seven, Tittut i världen) and seems not to be used to spend his nights with twenty- to thirty young girls at the same time – the common feeling is that there has not occurred any shift in economic and social policies, which remain unfair and not effective (at least in the view of re-launching the economy and not only balancing public finances). This sense of continuity prevents to look at “Berlusconism” as a close (?) period in Italian history.

What does Berlusconi’s success reveal of Italy, according to Kappelin’s book? Basically, three aspects: the power of organised crime; the Catholic Church’s influence upon domestic politics and culture; the well-grounded male chauvinism.

The first two points (which particularly chapter sex, Maffian, and eight, Klockorna i Peterskyrkan, focuse on, although they are recurring issues all over the book) are frequently cause of embarrassments to Italians when talking with foreigners.

And indeed it would be unthinkable in Sweden – Kappelin is not so explicit, but the starting sentence of her book is: how come that Italians vote for Berlusconi? ? to pervert justice in the way Berlusconi did in Italy (by the notorious ad hoc laws, described in their origin and content in the chapter five, Konflikten med rättväsandet), and to witness powerless to the connivance between politics and criminality. This is due probably to a political tradition in Nordic countries which Henrik Berggren and Lars Trägårdh have described as a high degree of social trust, meant both as trust in other people, including strangers, and confidence in common institutions due to their transparency[1].

However, Kappelin’s thesis is that what explains why  a politician, who from a Swedish point of view is completely incomprehensible, has been so successful is, besides his relationship with organised crime on one hand and with the Catholic Church on the other hand (at least until the last sex affaires), male chauvinism: a key factor, the Swedish journalist stresses already in the Introduction, in understanding Italy’s decline, from the economic stagnation (now recession) to the lack of trust in the future. And in chapter one (Italien och Italienarna. En introduktion) Kappelin points out indeed that the country is like a journey back in time, in a masculine and sensual world, where “l’apparenza” (look)[2] means all and where a downward compromise has been achieved between the individual and the State: as you (State) do not accomplish your duties towards me (citizen), I am not bound to accomplish mine towards you. It is the triumph of the “furbo” (cunning fellow)[3].

With such a background, it is quite obvious that women have no chance, with few exceptions, to establish themselves as political and economic independent actors. Their unhappy fortune in Berlusconi’s Italy is the subject of chapter three (Madonnan, horan och Silvio Berlusconi): those that are good looking are reduced to nothing more than ornamental elements in a society ruled by old and unappeasable men and therefore appointed as parliamentary members and even ministers exactly because of their “apparenza”; the others, the common women, who are not mistresses of some sultan, are mostly doomed to insignificance in the economy and in politics.

Berlusconi, Kappelin insists on this point, has not invented male chauvinism, which on the contrary is well-grounded in the country’s culture; his sin with no redemption is to have turned this national inclination into a rule and the “velina”[4] (young girls almost naked whose only task in Berlusconi’s TV programs is to shake their body in alluring ways) into the ideal model of womanhood.

And thus we come to another valuable contribution of Kappelin’s book, after the effective part on women’s role as mirror of Italy’s decadence (and again here we could remind that on the contrary Nordic countries are on the top in the world’s gender equality ratios): to the huge concentration of media power achieved by Berlusconi much attention is drawn upon (see particularly chapter four, Makten over medierna), but this problem is not presented at all as an Italian peculiarity. Rather, Kappelin warns that also countries which have repeatedly condemned Berlusconi for his conflict of interest have no safe defence against such a risk.

The final part of the book focuses on how Berlusconi has changed Italian political style, turning electoral campaigns into sales where even the promise of one million – and not half a million, as Kappelin writes – new jobs can be sold to people in search of an encouraging fairy-tale, with immigrants welcomed as scapegoats (chapter nine, Dragkampen i Italien – resultat och misslyckanden), and on the dangerous meeting between authoritarian democracy and media populism (chapter ten, Auktoritär demokrati och medial populism). No one before Berlusconi, Kappelin points out, had dared to draw a comparison between Mussolini and himself with a kind of self-congratulation. But what the author argues is not that the founder of “Forza Italia” is the new Mussolini: the difference is that the latter aimed at building a new Italian,  whilst the former is satisfied with the existing one. The point is rather that the centre-right parties, with Berlusconi in the forefront, have taken over and reverted the “cultural hegemony” based since 1945 on antifascism as the key-source of national identity, and have systematically put down liberal institutions (starting from parliamentary and judicial powers) – and politics itself.

In this perspective, Berlusconi’s Italy appears as a political laboratory for the whole Europe. This is the somehow not expected conclusion from a non-Italian author, which enables the book to be not only a commented review of stereotypes about Italians (and about differences between Northern and Southern Europe), but a more demanding reflection about possible future developments of democracy at an international level. Out of Italy many have laughed when seeing Berlusconi’s blunders and listening to his hymn (“Meno male che Silvio c’è”), but – Kappelin warns – his “style” has become a model for a new generation of right-wing politicians, starting from David Cameron in the UK.

Thus it is not easy to get rid of Berlusconism as though it were a mere interlude in Italian history, perhaps cherishing the always comfortable thesis that it has been a further demonstration of the Gattopardo’s core idea: in Italy everything is to be changed so that nothing changes. On the contrary, Berlusconi, this is Kappelin’s conclusion, has substantially changed the way Italians look at themselves – and at the the others – as well as the ways of contemporary politics. And it will take time to go back to previous ones – or to find something new.


[1] See H. Berggren, L. Trägårdh, Social Trust and Radical Individualism. The Paradox at the Heart of Nordic Capitalism, in The Nordic Way, Stockholm, Global Utmaning, 2010, pp. 18-19.

[2] In Italian in the book, see p. 18.

[3] In Italian in the book, see p. 29.

[4] The book has been written before the “Ruby affaire”.