In May and July of the first there were the massacres of Capaci and Via D'Amelio . In May 1993, in Florence, the mafia massacres in Via dei Georgofili. Two months later, bombs explode ago in Rome and Milan. The attacks are claimed, with the threat to hundreds of deaths. Shortly thereafter, on October 31, we discover a van packed with explosives near the Olympic stadium, something has gone wrong and did not explode. It's the adventure of terrorist Corleone of Toto Riina.
Col 1 November, again in 1993, comes the end of 41a for many prisoners and the Justice Minister Giovanni Conso, not to renew 140 of them. From that moment on, the mafia will stop placing bombs.
"It can be inferred that the negotiation / blackmail has had its effect between July and November?" . The question is placed just to be considered at the opening of the hearing on 11 November 2010 at the Parliamentary Anti-Mafia Commission.
"First of to myself - he adds - and facing the truth, and history, since the topic is likely to affect the country's history, I am duty bound to admit that the question has this consistency: why were not extended? ". It immediately clarifies: "I can assure you, I can guarantee in every form of oath, that on my part there was never even a glimmer of negotiation. In principle I would never deal with any of those belonging to this part anti-state ".
We can believe only if we believe his oath? Conso seems to understand that asking too much, and grants: "The appearance may be misleading: it is not renewed are those restrictive measures - it can be argued - and thus is favored this part" . So what? How can we avoid being deceived by the appearance without having to rely only on their honor? It's simple: we have everything Conso said and written about the 41a before that non-renewal of November 6, 1993.
And what has always thought, never make the mystery, it reminds the Conso auditoriums, but the first notes that this renewal is not a duty, but totally discretionary. And it was not free to send them, but only to stay a useful measure, yes, but that he had always considered Conso, and continues to consider, on the border between law and will, between punishment and torture. is nevertheless useful, when applied judiciously. For example, in January 1994, does not hesitate to renew for another package 41a of detainees.
This is what I thought and still thinks of 41bis. And he had no reports of demands from Corleone, much less had contacts with intermediaries: it was all decided independently on the basis of his personal belief that raise the "rigorous imprisonment" for those 140 low-profile mafia was - together - what can not be harmful and perhaps even useful.
This deal can be said? So it seems to those who first pampered and then abandoned the theory of negotiation between the Mafia and the context in which Berlusconi as Italy takes life force. As if that was possible after the statement by Conso, as if the decision taken by him in November 1993 was "the" negotiation, and each "other" trattativa venga così ad essere esclusa. Con sommo imbarazzo della teoria.
Io credo a Conso. Intendeva mandare un segnale ai corleonesi dopo la cattura di Totò Riina: era un prezzo piccolo in cambio di un vantaggio che gli sembrò essere acquisito con la fine degli attentati. A torto o a ragione, chi può dire? Rinnovare o no il 41bis a quei mafiosi era in sua facoltà, la legge non glielo imponeva, né gli imponeva di consultare alcuno.
Siamo nella pienezza del diritto. Mancano addirittura i prerequisiti della trattativa. C’è un uso temperato della misura restrittiva. Ed è dichiarato il fine. Sulla bontà del mezzo spettava decidere al Guardasigilli. Dovrebbe essere la prova che i principi possono cimentarsi con la realtà senza uscirne troppo malconci. E invece, per chi voleva che Spatuzza avesse in pugno una verità piana, è un colpo micidiale. Da rimuovere.
È in questo deficit di fede nello stato di diritto che la sinistra giustizialista confessa il suo limite. Sarebbe stato utile correggere la teoria, si è limitata a ritirarla.
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