22 June 2008

The anti-Caselli law

Here is another extract from "Mani Sporche" (Dirty Hands), the book published by Chiarelettere and written by Barbacetto, Gomez and Travaglio, entitled “The anti-Caselli law” (pg.501).
"On 4 November 2004, the Csm (Upper Council of the Magistrature) called for nominations for the appointment of the new national anti-Mafia prosecutor. Piero Luigi Vigna’s mandate was due to expire on 15 January 2005 after two terms and a total of eight years in office and could no longer be extended. Amongst others, Caselli and Grasso apply for the post and they are the definite frontrunners. However, on 1st December, Parliament finally approves the Castelli amendment regarding the regulations governing the organisation of the judiciary, which contains one rather strange codicil (article 10, clause 2):

The incumbent magistrate appointed to the National anti-Mafia Directorate at the time of the promulgation of this law, shall have his mandate extended and continue to exercise his powers until such time as he turns seventy-two years of age.
Vigna was due to turn seventy-two years of age on 1st August 2005. With this previously unheard of birthday present, the Berlusconi Government effectively extended his tenure until then, giving him a further seven months after the procedural expiry of his appointment. However, more than simply being a gift to Vigna, that little condition was a bombshell for Caselli. Article 2/H/17 of the law in question, namely that governing the organisation of the judiciary, stipulates that the task of managing the judicial functions may only be allocated magistrates who still have four years of service ahead of them prior to turning seventy years of age. Even though the current law - instituted by the same Berlusconi Government in the hope that it would be appreciated by the Court of Cassation, which was to make a decision regarding the transfer of certain court cases from the Milan Court to the Brescia Court – allows magistrates to remain in service until they reach the age of seventy-five. So where is the logic in extending Vigna’s mandate until he turns seventy-two, which then in turn imposes an age limit of sixty-six years for all future candidates taking office and who would then go on pension at age seventy, and this in a system that in any event allows the incumbent to wear his toga until he turns seventy-five? Madness? Schizophrenia? A love of puzzles?
None of the above. The answer to the riddle lies in the identity card of the candidate favoured to succeed Vigna. Caselli was due to turn sixty-six years of age on 9 May 2005. After that date, he could no longer guarantee another four full years of service. Without the extension granted to Vigna, Caselli could cheerfully apply to the CSM for nomination, given that in January he would not yet have turned sixty-six. Instead, as a result of the extension of Vigna’s mandate, he would no longer be in the running, thus handing the race to the other pretender, namely Grasso. It may be a pure coincidence, however, while the National Association of Magistrates protests and calls on its members to go on strike in order to show their objection to the new judicial organisation bill, Grasso is one of the few prosecutors who fail to attack this tailor-made regulation (tailor-made for him that is) and is indeed the only one amongst his peers to define the Caselli law as: “a reform with lights and shadows”.
Immediately, both the berlusconian press, as well as that of the so-called “reformist” left wing and their rag bearing the same name, unleash their usual media attack against Caselli. The arguments are the same as always: red togas, political processes, persecution of poor innocent victims, and so forth. However, at that most crucial moment, the anti-Caselli party takes a number of serious legal body blows. On 15 October the Court of Cassation confirms the statute-barring of the Andreotti case, containing allegations of collusion with the Mafia up to 1980. On 5 November the Appeal Court hands down a devastating decision confirming Mannino’s sentence. On 10 December the Palermo Court sentences Dell’Ultri to nine years in prison. Three verdicts that confirm the excellence of Caselli’s work.
As if this were not enough, on 16 December State President Ciampi rejects the bill as being unconstitutional and returns it to the Chambers. It is tantamount to the law never having existed, just like the extension of Vigne’s mandate, which would thus go on to “expire”, as scheduled, on 15 January 2005. Caselli remains firmly on track. However, the spectre of seeing this man once again being involved in anti-mafia matters becomes a nightmare for the Casa delle libertà. And so, on the evening of 30 December, while the rest of Italy was preparing to see in the New Year, the Cabinet adds a three-line article into the “thousand-extensions” bill, buried within a veritable jungle of regulations of extraordinary necessity and urgency: measures relating to the Red Cross, self-transportation of goods and circus acts. Three little lines stating that:
The incumbent magistrate appointed to the National anti-Mafia Directorate at the time of the promulgation of this law, shall continue to perform his functions until such time as he turns seventy-two years of age […] so as to ensure continuity in terms of the National Anti-Mafia Prosecutor’s Department’s battle against crime
There is no danger of the position of Super-Prosecution remaining vacant, since the Csm’s selection procedure had already begun some time before. This is nothing other than a simple excuse. For the first time ever, a Government decides, by decree, who may and who may not head up a judicial department, and this whilst entirely ignoring the constitution, which charges the Csm with the duty to make such appointments."

Posted by Antonio Di Pietro in Dirty Hands