How politics and the judiciary play into criminal populism

Who wrote to the editor-in-chief, Claudio Cerasa

30 OCT 26

Translated by AI

Image of How politics and the judiciary play into criminal populism

To the Editor – In the case of Youssef Siher, a third option would probably have been preferable to either imprisonment or release: namely, to seek only a preventive measure involving certain restrictions, some of them stringent – the sort of measures envisaged for that grey area where a teacher (once referred to as a ‘bad teacher’) does not directly commit offences but incites others to do so, with a high risk that others will then commit them. Imprisonment was almost certainly unnecessary because an agitator like Siher, once identified, was rendered harmless anyway. The only risk was turning him into a shahid, a martyr. For the rest, it would truly be a matter of style for magistrates not to sign appeals to be read out at every hearing – as requested in the appeal by Giustizia Insieme – which do, to some extent, have a political tinge, if only because 7 October is not even mentioned in the text and because no such appeals have been seen regarding Ukraine. Above all, magistrates should avoid this when working in key positions where there is a risk of taking a stance on issues on which they may subsequently be called upon to rule in some capacity. Nevertheless, a new chapter – stylistically flawless – has been added to the book on the war between the government and the judiciary; it was bound to happen so close to the elections. It is a war in which no one is in the right – certainly not the Prime Minister with her disorganised attack – no one wins, and it is the whole country that loses out, as reflected in the newspaper headlines which will undoubtedly be read with astonishment abroad. We really did not need this.

Guido Salvini, former magistrate at the Court of Milan

Criminal populism usually operates by pulling two levers. The first lever concerns politics. The second lever concerns the judiciary. Politicians play into criminal populism when they use the justice system to offer voters answers on topical issues. Example: there is an incident that captures voters’ attention; politicians do not know how to respond to voters’ questions and, not knowing what to do, shift the blame entirely onto the criminal justice system (increasing sentences and usurping the role of judges are two sides of the same coin: the notorious ‘over-criminalisation’ of our daily lives). The judiciary, on the other hand, plays into criminal populism the very moment it believes that criminal prosecution should also be used to set a political course for the country or, more simply, to try to steer public opinion. It has not been possible to separate the careers of magistrates. The hope of separating the careers of those involved in the executive branch from those in the judiciary should be the dream of anyone who cares not merely for common sense but for the fundamental principles of our rule of law. In this regard, it may be useful – for the benefit of magistrates who may one day sign further appeals – to recall a statement made by Sergio Mattarella in 2017, referring to the exercise of the powers conferred on magistrates by the state: the magistrate ‘must neither pursue nor give the impression of pursuing aims unrelated to the law, nor of elevating personal opinions to the status of a standard’. To be clear: the well-known appeal signed by the judge and the prosecutor involved in the Youssef Siher case (the prosecutor requested pre-trial detention in prison, whilst the judge rejected it on the grounds that, at that stage, there was no serious evidence of guilt) was signed by thousands of magistrates. Perhaps, Mr. Salvini, we need an appeal against the appeals. Or do we not?

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To the editor – Susanna Camusso: “It certainly wasn’t an accident. When you remove a person from a photo, you do so deliberately and after careful consideration. That’s why I think it’s best to bury this awful affair under a ‘no comment’.” Nonetheless, a statement of thirty-six words to deliver a ‘no comment’ appears somewhat excessive, and the assertion that the act was not accidental but a deliberate and considered choice constitutes substantial commentary in its own right.

Valerio Gironi

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To the editor – Landini’s doctored photo follows in the footsteps of tried-and-tested Soviet propaganda. Landini’s consistency gives me comfort.

Luigi Fabri