It ended as expected. The seizure did not stand up, or rather the alleged crime was disproportionate to the facts. Salvini has been portrayed as a sort of torturer, capable of keeping more than a hundred people in that floating and rickety prison for days on end. But things were not like that and the Palermo court made them clear. And if there were a separation of careers, this different evaluation would also be more understandable.
The Open Arms moves back and forth in the Mediterranean and remains in those seas from 1 to 20 August 2019. In the space of a few days it carries out three rescues but none in Italian waters. But the commanders of the vessel belonging to the Spanish NGO have only one idea in mind: to arrive in Italy and disembark in Italy. Exactly what will finally happen on August 20th, with the descent to Lampedusa. It is the alleged kidnapped people, or rather the ship's crew, who are kidnapped. The alleged kidnapper tries in every way to remove them, but they stay in that area, insistently ask for the Pos, technically place of safety, in Rome, then turn to the judicial authorities. And they break through thanks to the TAR. It is the TAR that lets them in, it is not Salvini that forces them.
Where is the seizure? One may naturally not agree with the hard line, that of closed ports, chosen by the then owner of the Interior Ministry, but the objections struggle to transform into charges that inconvenience, or rather involve, the criminal code. Criticism yes, indictment also no. And it is surprising, despite the jumble of rules, norms and international treaties from which everyone can draw what they want, the harshness of the Palermo prosecutor's office in asking for even six years. Where would the deprivation of liberty be? Anyone who was ill was sent down by authority to the doctor. And in those very long and tiring nineteen days there were many, dozens and dozens, of migrants evacuated due to less than perfect physical conditions. The ship is not a prison, but not only that: why does the commander of the Open Arms reject any alternative hypothesis? No to Libya, and that may well be the case, but then no to Tunisia, no to Spain, no to Malta which would have welcomed at least the thirty-nine castaways saved on 10 August. No and just no, an impressive sequence of nos. More than a kidnapping it seems like a tug of war and Open Arms has only one indispensable objective: Spain was ultimately within reach, two or three days of navigation. And instead the migrants remain there, immobile, between appeals and counter-appeals. Where is the crime? In the replies yesterday morning the prosecutor's office tried to patch things up: Salvini had the obligation to give the Pos, but it's not clear why. And the acquittal formula, because the fact does not exist, is the broadest possible: essentially it tells us that the prosecutor's office went down a path that was blocked. Of course, we will read the reasons and understand better. But there were no elements of the crime. They have made, to put it without Spanishisms, a blunder.
And yet further reflection must be made, beyond the horizon of Palermo: the events of Genoa, where the Toti government fell, Florence, with Renzi, and now Palermo, teach us that the magistrate increasingly tends to replace the legislator , which in turn is uncertain and almost lost in the regulatory forest, and so the judge can process infinite behaviors and innumerable acts. But this omnipotence inevitably becomes a limit.
Because other magistrates put a dam and set an insurmountable border again. Over there is the parliament that writes the rules, over there the magistrates who must not change them but are called upon to punish transgressors. Obvious words, but this is the crux of the ongoing conflict between powers in our country.
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