Article Key Points
The prosecutor of Naples Nicola Gratteri takes a strong stance against the recent statements of the Minister of Justice Carlo Nordio and against the bill on the separation of careers.
In an interview a Republic, Gratteri he defined as “fair” the request of the Superior Council of the Judiciary to open a case to protect the judicial institutions in response to the minister’s statements: “The minister’s statements are generic, devoid of institutional sense and fired off in the crowd”.
Gratteri has not yet decided whether to participate in the protest against Nordio during the inauguration of the judicial year, but he does not hide his disappointment at the accusations of an alleged abuse of power by the public prosecutors, described as “supercops”. “The minister cites specific cases – says – and specify whether he has ordered disciplinary actions, inspections or investigations. But I doubt that he has concrete elements”.
On the separation of careers: “An attack on the autonomy of the prosecutor”
According to Gratteri, the separation of careers represents a direct attack on the independence of the judiciary. "They want to weaken the prosecutors and bring them closer to political control. Separation is often called for after excellent acquittals, but it is a paradox. If a judge acquits, he demonstrates his autonomy. Belonging to the same order does not influence decisions: judges answer only to the law and their own conscience."
The magistrate fears that the constitutional revision bill will lead to serious consequences for the judicial system: "The separation of careers will transform prosecutors into super-policemen, making them lose the culture of jurisdiction and impartiality. For those who cite Falcone and Borsellino, I remind them that both have held roles as both judges and prosecutors. This is the model to be preserved."
Criticisms of the system and the limits on wiretapping
Gratteri supports the proposal to draw lots for the members of the CSM to avoid appointments dictated by political agreements, but he harshly criticizes the recent justice reforms, defined “dropped down from above by people who do not know the reality of the courtroom.”
Among the most damaging measures, the magistrate indicates the stop to wiretapping after 45 days: “This rule paralyzes investigations. Wiretaps are authorized by a judge based on precise and stringent criteria. Limiting the time means giving advantages to criminals: for example, in a kidnapping, the kidnappers will not call before 45 days, knowing that the wiretaps cannot be extended. This does not make sense.”
Gratteri concludes by issuing a warning: “The system was built without considering the real impact on the work of magistrates. The consequences will be a disaster for justice and for the security of the country”.
Article published on 24 January 2025 - 07:17
