Months ago one of the major Italian newspapers reporting the thought of the then Minister Bonino on the story of the two marines titled "The innocence of the marines is not ascertained". I was dismayed because I would have expected a different sentence from an Italian minister such as "the guilt of the marines has not been ascertained".
An expression of confirmation of the guarantees that a Rule of Law owes to its citizens, first of all the presumption of innocence. At that moment I wondered if I still lived in a Nation heir of ancient juridical traditions and custodian of essential values guaranteed by the constitution.
Today I read a complaint filed by the Codacons to the Rome prosecutor that would immediately open a file on the story of the bite given by Suarez to Chiellini at the football match Italy - Uruguay played on the occasion of the World Cup in Brazil.
An unexpected operational speed that of the prosecutor, which leaves favorably surprised but in the same raises a question that adds to the doubts of the past: perhaps in Italy we have now fallen into a confused state, as Maurizio Tentor was well stigmatized yesterday in his blog (http://tentor-maurizio.blogspot.it/2014/07/sbaglio-o-abbiamo-uno-stato-i...).
A loss that involves those who still believe in the state, and that derives from a series of circumstances, some related to judicial aspects other than the institutional approach to the matter. The speed in deciding on the Chiellini case, in fact, is not comparable to what has happened up to now for the story of the two marine riflemen Massimiliano Latorre and Salvatore Girone held by 872 days in Delhi, delegating to India the right to exercise a undue judicial action against them.
No office initiatives by the power of attorney to ascertain the correctness of the decision of a "trial extradition" carried out in the absence of a minimum indictment and without the determination of an Italian court. Not even, however, replies after months to citizens who in their time have formalized acts with which the judicial authority was informed of possible violations of constraints imposed by the constitution.
Suarez has bitten Chiellini the 24 June 2014 and only after 12 days, the 6 July is being reported that the prosecutor has opened an investigation. For facts represented relating to the two maròs after months - at least as far as known - it does not seem that decisions have been taken.
This is not a criticism of mine, let alone a relief, only a bitter observation supported by facts derived from personal initiatives in this sense.
The 13 March 2013 I filed a complaint with the prosecutor of the Republic of Rome asking that against Latorre and Girone, at that time in Italy, was adopted the provision of prohibition of expatriation because investigated, according to press reports never denied, for the crime of voluntary homicide. Nothing was provided or provided any response to those who had signed the request and 22 March the two expatriated directly to India, subtracting the Italian ruling certainly prevailing compared to that of a third State.
The 15 2013 October I forwarded to the same power of attorney by fax and PEC another complaint with which I asked, among other things, to ascertain the correctness of compliance with the constitutional restrictions of those who had decided to send them back to India to be judged at risk of the death penalty. I do not know yet if my petition was upheld even though I had invoked the right to be informed if it was decided not to proceed.
Finally, the 20 June us filed another article shared by other 387 Italian citizens, to clarify the possible responsibilities that revolve around the affair. 20 days have passed and I know nothing about the outcome of the initiative.
Even with the utmost respect for the procedural management and the decisions of the power of attorney, we can not but be lost in the face of what is not hazardous to define inconsistencies. A few days to open an investigation into an episode occurred in a competitive context, silence on facts related to two Italian soldiers in which India is clearly denying even human rights with the unjustified restriction of personal freedom. A disorientation that becomes dismay at the nebulous institutional management of the story.
A prime minister who 22 February 2014, at the time of his inauguration declared he had spoken on the phone with Massimiliano Latorre and Salvatore Girone, adding "We will simply do everything. We consider your case a priority we are ready to do everything in our power to reach a positive solution as quickly as possible ”.
From that moment silence broke after a few weeks by the same Premier who informs, "The decision not to talk about it is intentional: it is a complicated story, that remains a wound ... A word is likely to be too much. Italy goes to the European Parliament because it is not the place where the problems with India are resolved, I do not campaign or demagogy on the skin of the marines ". Then the absolute nothingness, grave silence on the part of the Chief Executive.
Foreign Minister Mogherini who continues to repeat, albeit with different words, similar concepts but does not explain its contents and fails to answer even simple questions from ordinary citizens.
A flurry of news reporting only declarations of intent and not concrete acts. He tells us “Spoke now with Indian Foreign Minister Khurshid about our marós. We work to bring them back to Italy ”. He tells us, “a new phase is opening up” - changing line - “The one in which Staffan de Mistura operated… ends…. We need new figures, we are defining a college of experts, under the guidance of a coordinator "
And still in a very generalized way, "No step forward or extraordinary news", "We reiterated our determination to explore all political and legal actions in the international arena to see our rights recognized to exercise jurisdiction over the marò case"; "We will talk about the Marò case with Obama, as we talk about it with NATO and the EU. The goal is to get to the result, then we'll talk about the rules of engagement and the mistakes made. It is an international issue because this affair has to do with the activities and operations of our military abroad "," The times of arbitration are long but we are not yet at an incurable point in the negotiations "," We have reiterated the fact that we are ready to explore all the options at international level to exercise our jurisdiction "," Open international procedure ".
What international legal acts have been carried out, however, it is not known to know or know what the concrete initiatives are in progress in order to activate the international procedure so invoked, first of all the arbitration. Instead everything is proposed as "reserved" as if the contents of international law and of the Montego Bay Convention on the Law of the Sea have been classified.
Finally, even the third institutional figure directly involved in the matter for specific attributions, the minister of defense Pinotti, does not save us of promises but, in the same way as his colleague of the foreign countries, does not inform on how concretely he intends to proceed, as when he declares " We do not accept an Indian process whose validity we do not recognize. I only remember that more than two years after the accident, against an attitude on the part of dilatory India, a valid indictment is still missing. The Italian government has had to wonder about a situation that the President of the Republic, Giorgio Napolitano, has called incomprehensible ”.
Important words from which it transpires that the minister admits that there is a clear violation of human rights in the moment that India limits the personal liberty of two Italian citizens with military status without producing circumstantial accusations, but that do not clarify which actions concrete is intended to carry on so that their dignity as men is restored to Latorre and Girone.
Mr Pinotti also reminds us of another initiative while continuing not to explain how it is intended to objectify it. He tells us, in fact, "For this reason it was decided to open a new phase that responds to a shared strategy: the internationalization of the story to raise the dispute internationally. Holding two soldiers for over two years is unacceptable. "
Many words therefore, many declarations of intent but not concrete actions as would be expected after 873 days of arbitrary detention of two Italian soldiers involved in hypothetical facts related to their institutional task assigned to them by the State.
Something, however, has been said perhaps more precisely to Girone's wife and Latorre's partner summoned the 4 July by the two Ministers as reported by the Farnesina website. A long interview from what is given to know from which, however, something not quite reassuring could have emerged.
Only a hypothesis suggested by what happened soon after, when the 06 July Massimiliano Latorre has abandoned the prudence that characterized him in these 870 days and on his FB profile appeared a post formed by a long series of points and has obscured his image.
The situation has now assumed the connotations of an unacceptable farce destined to induce a dangerous state of indeterminacy in the thousands of Italian soldiers engaged in world peace missions.
They, living the story of the two marines, probably begin to doubt that, if necessary, they will be guaranteed their fundamental rights such as functional immunity.
Dangerous perplexities for those who are risking their lives to defend national interests and guarantee security, particularly those who are currently in Lebanon and are at high risk of being involved in an armed conflict if there is an escalation between Israel and Gaza.
Fernando Termentini
