First he let his sentence “speak”. Now she, Silvia Albano, judge of the migrant section of the Rome court who did not validate the detention of one of the twelve migrants in the Gjader CPR last 18 October, takes the field. “I was chosen as a lightning rod because it was convenient. We suffered a campaign that in reality resulted in intimidation.” He chooses the conference on the 60 years of democratic judiciary, of which he is president, to let off steam: I’m not in favor of this game of massacre (he is under surveillance due to the threats he has received), he underlines. “I have no intention of clashing with the government, it’s the government that wants to clash with me and I want to avoid it. In our pockets we don’t have Mao’s booklet or Marx’s Capital, but the Constitution”, he warns with the eye turned towards Salvini and his accusations.
Yes, it is the leader of the League who is riding the Albania affair, much more than the allies. Every day, a public attack. Revenge for the trial he is subjected to in Palermo. But also a flag to wave during the election campaign. In fact, he immediately starts out: “I invite all the judges to work as they are doing. If anyone does not agree, take off their robes, embrace the red flag, sign up for the Democratic Party and stand for election.” Well, if there is one thing that infuriates judges, it is the accusation of having party interests: on everything else – they reason – one can have different opinions, but this delegitimizes the order. Salvini knows this and insists: “These judges are not harming the government or mine, but Italy.” Unacceptable, for the president of the National Magistrates Association, Giuseppe Santalucia, who defines the climate as “worse” compared to the period in which Berlusconi was in Palazzo Chigi. “Before, prosecutors wore red robes and now red robes are everywhere. But the representation of a power that becomes arbitrary and subversive is unacceptable.” Elly Schlein stands at his side: “This institutional clash is unacceptable.”
In this context, Fratelli d’Italia chooses not to raise its tone. Perhaps because in Via della Scrofa they realize that the Albanian protocol is turning into a boomerang. Or maybe because they don’t want to pollute the air further. Not coincidentally, the Keeper of the Seals Carlo Nordio uses the conference of progressive robes to propose an exchange that encourages dialogue: “I hope that in the future there will be less criticism of the judiciary on the political merit of laws and a lowering of the tone of politics in criticizing sentences “. Dialogue which, according to Silvia Albano, should translate into the involvement of experts on legislative proposals rather than proceeding with decrees. “It is right to criticize the laws – observes Francesco Paolo Sisto (FI), Nordio’s deputy for Justice, – but one cannot interfere with the training courses of the laws”. At present, it is a dialogue between the deaf. The separation of careers is also light years away.
A tug-of-war that risks repeating itself today, when the six judges of the immigration section of the monocratic court of Rome will rule on the detention orders of the seven migrants brought to Albania three days ago. The forecasts are for sentences similar to those of last October 18th which resulted in the return to Italy of the first twelve non-EU citizens transferred to Gjader, because the case is identical and because the courts have already expressed themselves in this sense. “I fear that a controversy could be reignited that is of no benefit to anyone,” observes Santalucia. But we know that when events reach such a delicate point, political and diplomatic considerations usually arise, according to which a legal way out can always be found. We’ll see soon how it ends. On the other hand, if the case is the same, there is a difference in the judging panel: Silvia Albano will not be there. Certainly, however, if the sentences are even partially different from those of October, it will be a success for the government which will almost automatically lead to a lowering of the tone. Otherwise he will challenge them at the Court of Appeal. And the ping-pong will continue. Only a ruling from the European Court of Justice could close this rebound that is being played out on the skin of migrants.
