All are equal before the law

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I’m publishing an interview I gave to La Repubblica on the attack by the media against the Milan Magistrate, Clementina Forleo:

Repubblica: Mastella is in conflict with Forleo. Is he going beyond his powers?
ADP: «As long as the Centre Left are insisting on going against the magistrates every time they carry out an investigation on parliamentarians, they are behaving like a photocopy of the Centre Right in the politics of justice. A credible country is one in which whoever is in Parliament is not committing crimes, not one where it’s not possible to investigate to find out whether a deputy or a senator has committed a crime. The authorisation to proceed has had its day and has degenerated from its original functions. From a tool to give immunity it has become a tool for impunity for those who take advantage of their status to become “legibus solute” {absolved from law.».

Repubblica: So Mastella is making a mistake?ADP: «This time I am not falling into the Di Pietro-Mastella diatribe. He is merely the interpreter and the operational arm of a wish that is above him, shared by the Centre Right and the Centre Left to make a stand against the legitimate action of the magistracy that wants to do a 360 degree investigation
The Constitution protects the parliamentarians, but it also says that everyone is equal before the law. However the abuse and the distorted use of the authorisation creates two justice systems. A harsh one for the normal folk and one that is nude in front of those who hold the power. Italia dei Valori is not going to accept all this any more.

Repubblica: If you attack Mastella you’ve got to do the same with Marini and Bertinotti who’ve written letters that are identical to his.
ADP: «That confirms my point, but Mastella is executing a parliamentary and institutional order to block every investigation concerning his colleagues. It is a spectacular error because in this case the work of the magistrates is helping the people involved like never before.».

Repubblica: Are you referring to the DS?
ADP: «It’s evident that those intercepts are not criminally relevant, because if they were they would already have been taken into consideration in the preparatory measures that were issued at the time.
But to prevent their use is equivalent to ensure not just the immunity but also the impunity for all those for whom the intercepts could be evidence.»

Repubblica: Mastella finds it «unacceptable» that Forleo says «I apply the law and politics is not my business». Who is right?
ADP: «The behaviour of Forleo literally mirrors what the constitution says because the judges must not be interested in politics, they must only be concerned with the law. Let it be clear: the intercepts that are relevant to the trial must be made available to the two sides so that they can evaluate them and ask for further information. To prevent this is to block the evidence for the prosecution and the defence and thus the very exercise of the criminal proceedings. To say this is reaffirming not a right but a responsibility.»

Repubblica: So why is Bertinotti saying that the opinion of the Lower House is needed first?ADP: There is evidently a basic misunderstanding, that I hope was not intended. There is no doubt that the Giunta is sovereign, but just for the parliamentarians and not also for third parties. Otherwise there would be an abuse of power. »

Repubblica: Are we going back to the “Mani Pulite” tussles of 1993?ADP: «We have the photocopy of what was happening then when the magistrates entered the “sancta sanctorum” of parliament for really serious crimes and the people inside hid behind the authorisation.
There was a popular uprising that led to the institution being reviewed, but since then, with extensive interpretations, deputies and senators have reacquired their impunity as a place of impunity.»

Repubblica: You keep on talking about authorisation, but what do you think of the reaction of D’Alema and Fassino talking about “rubbish” thrown around carefully?
ADP: The dossier system is here today as it was yesterday and before that. I can confirm that as I have lived through the experience personally. But it has nothing to do with the magistracy because it is exactly thanks to the judges that the traps have been triggered. They are the only ones who can put a stop to the transversal exploitation put in place by a mix of people who take advantage of their institutional functions to delegitimise their adversaries. But the only defence is by supporting the magistracy.
Even the systematic calumny against D’Alema, who has my complete solidarity, can be quickly unmasked by the judges and transformed into a boomerang for those that started it. »

Posted by Antonio Di Pietro in
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