Contributi Esterni

Capaci: the preventive crime against Giovanni Falcone

by Alessandro Calì

On September 25, 1988, Cosa Nostra kills the decide Antonino Saetta together together with his son Stefano. The decide Saetta had presided over the attraction trials for the homicide of the decide Chinnici and for that of the captain of the carabinieri Basile, trials that had seen each aggravation of sentences and sentences for the defendants. The motive of the double homicide is to punish one other judging magistrate (after the homicide of decide Alberto Giacomelli struck a couple of days earlier than, on September 14, 1988) but above all to “prevent”, for worry of his honesty and skill, his appointment to chair the attraction of the Maxi Process. The same will occur to the third grade of the historic trial against Cosa Nostra. When, in reality, in 1991 the Maxiprocesso of Palermo arrived at the Cassation, the magistrate Antonino Scopelliti is the Deputy Lawyer Common of the Supreme Courtroom of Cassation, he is a decide recognized to the insiders for his competence and his irreproachable, he had been already entrusted with the activity of representing the public prosecutor in all major Italian trials for terrorism or mafia crimes, from the Piazza Fontana massacre in Milan (1969), to the Piazza della Loggia massacre in Brescia and the Italicus (both in 1974) , to the proceeding regarding the murder of Aldo Moro (1978) to the murders of Walter Tobagi (1980) and Rocco Chinnici (1983), there are more than 1,500 processes adopted by Scopelliti in the single period spent in the Cassation. His information of the terrible information that have bloodied Italy is gigantic, his incorruptibility is equally indisputable. The decide Scopelliti had agreed to help the accusation in the part that may have led the Maxi trial to the remaining sentence. He was killed in Campo Calabro on 9 August 1991 with a crime revealing the collaboration of Cosa Nostra e 'ndrangheta, as Giovanni Falcone himself points out in an interview with the newspaper La Stampa every week later stating that “the mafia organizations (Cosa Nostra Sicilian and “ndrangheta calabrese” are in all probability far more related among themselves than is formally said “. Intuition that, like many others of Falcone, he will then find punctual feedback 27 years later with the statements of several repentant in the ongoing investigations in Caltanissetta and Reggio Calabria and in the debates in the trial “'Ndrangheta stragista”, in the one against the boss Messina cash for the “Via D'Amelio Massacre” and in the “Capaci bis” process.

Lower than a yr after the murders of the judges Giacomelli and Saetta, Cosa Nostra still raises the pitch by placing into impact on June 21, 1989 the assault on the Addaura against the decide Falcone who needed to meet his Swiss colleagues visiting Palermo for the results referring to international letters rogatory for cash laundering financial crimes deriving from the Pizza Connection investigation. The attack fails, to it and to the associated investigations, the murders of cops and SISDE are attributed both with tasks related to the seize of fugitives, Emanuele Piazza and Antonino Agostino for whose crimes in 2011 are investigated for screening and facilitation of What we do have some individuals close to the then Excessive Anti-Mafia Commissariat, SISDE and the police and providers officer Bruno Contrada. Having escaped the assault, Falcone speaks of principals not belonging to Cosa Nostra and hidden centers of energy that information and information the actions of Cosa Nostra. The decide is extraordinarily clear on this topic and on these plots, in his complete assertion to L'Unità he speaks in a very exact manner of “very refined minds that try to guide certain actions of the mafia. There are perhaps points of connection between the vertices of Cosa Nostra and hidden centers of power that have other interests. I have the impression that this is the most reliable scenario if we really want to understand the reasons that led someone to assassinate me …. I am witnessing the same mechanism that led to the elimination of General Dalla Chiesa … the script is that, just have eyes for to see”. Decide Falcone, in apply, expresses the similar assertion pronounced by Decide Borsellino to his spouse when he informed her he had seen “the mafia live” and that it might not be the mafia that killed him, referring to colleagues and different representatives of the institutions, including the then commander of the ROS Subranni and to his alleged connivance with Cosa nostra.

On 24-10-1990, the then prime minister Giulio Andreotti in a speech to the Chamber of Deputies acknowledges the existence of the Gladio Organization – Keep Behind, which had already emerged in 1984 via the revelations of Vincenzo Vinciguerra, a former militant of New Order during the trial of the Peteano bloodbath, of which Vinciguerra confesses, the solely case in the historical past of massacres in Italy, to be the writer. The trial ends with the condemnation of Vinciguerra in 1987 and the investigating decide of Venice Felice Casson sends to the Public Prosecutor of Rome all the papers related to the Gladio group. The key can’t be stored for a very long time and in 1990, in a speedy succession of events, especially after a famous investigative report by Ennio Remondino, broadcast by RAI 1 from 28 June to 2 July 1990, the then President of the Andreotti Council is pressured to offer Decide Casson access to the SISMI archives (27 July), to acknowledge (2 August 1990) earlier than the Parliamentary Stragi Commission the existence of Gladio and to offer info (18 October) on the secret organization , to then proceed to the dissolution of the organization (27 November). On this context, a short distance from the discovery of the second a part of the Moro Memorial in the BR lair of By way of Montenevoso in Milan (9 October 1990), Andreotti additionally follows the public admission of the existence of Gladio on 24 October 1990.
This opens up the risk for Giovanni Falcone to develop investigations and determine links with investigations on previous crimes that he had already begun to accumulate before the assault on the Addaura and which he meant to evaluate in the mild of the new historical part and the renewed prospects of investigation that started after the revelation of the existence of the occult construction. His reflections and attempts to start out investigations at the Public Prosecutor's Office in Palermo have been severely hampered if not utterly prevented by the then Lawyer Piero Giammanco, the occasions of that interval are entrusted by Falcone to his digital journals that may by no means be found however the whose contents have been partially revealed by the journalist Liana Milella on Il Sole24Ore after which, in fact, shared also together with her pal and colleague Paolo Borsellino. Decide Borsellino himself, on the basis of a few of these indications, had publicly declared that he had content to report to the judicial organs and, more than likely, he had also began personal investigations into the demise of his pal and colleague Giovanni Falcone.

Piero Giammanco, a Justice of the Peace very close to Mario D'Acquisto and to the Andreottian current in Sicily, had been appointed, like Falcone himself, Deputy Lawyer of the Palermo Public Prosecutor's Workplace, and had asked Falcone for his help with a view to fill the submit of Chief Prosecutor in change of the promise to entrust him with the duty of coordinating the anti-mafia investigations, to be developed with none hindrance in carrying out his work. Falcone accepts and his belief is instantly betrayed. The truth is Giammanco constitutes that block on the Andreottian aspect against all the investigative initiatives that Falcone might have carried out together with his investigative exercise and that the present chief in Rome, Andreotti, might not cease instantly, after giving public resonance to existence of Gladio.

These are most certainly the themes contained in the “confidences” entrusted by Giovanni Falcone to his pal and colleague Paolo Borsellino and mentioned by him throughout the intense speech he gave on June 25, 1992 at the Municipal Library of Palermo, when he states: “At this time , as well as a magistrate, I am a witness. I am a witness because having lived my work experience alongside Giovanni Falcone for a long time … and having collected many confidences of his, however, as a friend of Giovanni Falcone, before speaking in public about the opinions I have gathered collecting such confidences, these elements that I I carry within myself, I must first assemble them and report them to the Judicial Authority, the only one able to evaluate how much these things that I know can be useful for the reconstruction of the event that ended Giovanni's life “
The notes of Falcone's Diary, as disseminated by Liana Milella, contain a distressing series of circumstances concerning the difficulty and bitterness suffered in the exercise of her functions in the Procura directed by Giammanco and to the continuous acts of rudeness, scenes, postponements, exclusions, omissions, temptations that cause the time limits for the start of investigative activities or closure of investigations in favor of regional representatives close to the Andreottian current, control of the external activities of the judge Falcone, assignment to other colleagues of files directed to him, archiving to his unbeknownst, obstacles and impediments to the simple knowledge of investigations and information regarding extremely significant issues of national interest such as the excellent crimes of Palermo, P2, the Gladio organization, drug trafficking. It is sincerely very sad to read the passages of the diary in which Falcone transcribes: “I protest for not having been previously informed … I point out that I am very ready for any different job but that, if you want to maintain the coordination of the anti-mafia investigations, this coordination must be effective. Great promises of collaboration and loyalty for response “or concussions such as those entrusted to the journalist and to which motivates her transfer to Rome:” That's why I left Palermo. Hold these sheets, you by no means know … What did I do? To make controversy daily? To endure humiliation? To not work? Or simply to offer an alibi? “
Circumstances that reach public opinion and on whose authenticity the most authoritative comment is that contained in the words of Paolo Borsellino: “I can only say .. that these notes that were published in the press, on the” Sole 24 Ore “… I had read them in life by Giovanni Falcone. They are notes by Giovanni Falcone, because I might not like doubts to be superior about this at some point ”.

In January 1992 the sentence of the Maxiprocesso of Palermo, because of the rotation criterion in the task of the Cassation proceedings, in accordance with a proposal by Falcone (transferring to Rome at the Directorate of Penal Affairs of the Ministry of Justice) passes to a different decide and not as as regular in the First part, the place by Corrado Carnevale have been commonly canceled, and handed the third degree of judgment turning into last together with all the life sentences imposed and ending the impunity of the mafia. Soon what we delete Salvo Lima and Ignazio Salvo. In the similar period the decide Paolo Borsellino established himself as an Assistant Prosecutor at the Public Prosecutor's Office of Palermo and virtually concurrently the legislation governing the DDAs – District Anti-Mafia Directorates referring to DNA – Nationwide Antimafia Directorate, arrange by regulation decree 20 came into pressure -11-91, transformed into Regulation No. 8 of 20-1-92 and the DIA – Anti-Mafia Investigative Directorate, which turned operative at the starting of 1992 after having been established with the legislative decree n.345 dated 29-10-91 , converted into state regulation by regulation 410 of 12/30/1991. Both laws had been permitted because of the willpower of Giovanni Falcone, in pressure at the Common Directorate of Penal Affairs of the Ministry of Justice the place he had decided to lend service following the climate deriving from the contrasts and the obstacles suffered by the then head of the Public Prosecutor of Palermo, Giammanco. The two new investigative and judicial buildings centralize national and local investigations into the mafia, procurement, politics and finance, constituting an exemplary mannequin for combating mafia-type crime and its economic-financial and political-institutional community. Giovanni Falcone is the candidate of excellence for the place of Nationwide Antimafia Prosecutor, with whom he intends to renew his unique expertise and duties as investigative Justice of the Peace with extraordinarily broader potential than these imposed by the limits suffered by the Public Prosecutor of Palermo and in the direction of which needs to channel all the outstanding investigations after its switch to the Legal Affairs Office of the Ministry of Justice, in all probability starting with the coordination of investigations into the Gladio organization initiated by numerous nationwide prosecutors and their connection with the wonderful murders of men political and institutional (Reina, Mattarella, La Torre, Dalla Chiesa, Lima) that occurred throughout the 1980s or with the first Mafia massacre with terrorist purposes, that of Rapido 904 which occurred in 1984 (for which the similar was used combination and sort of army explosive used for the Pizzol assault ungo, for the attack of the Addaura and for that of By way of D’Amelio).

This is the decisive context for framing the actual motive of the Capaci bloodbath, a preventive crime, similar to those against the judges Saetta and Scopelliti, aimed toward contrasting what Falcone would have been capable of do in the position of Chief National Prosecutor Anti-mafia and together with his (recognized environments) pursuits in the position played by the Gladio and P2 organizations in the wonderful crimes of the Eighties as well as in the trafficking and occult operations underway in the province of Trapani, which are a part of the Masonic Circulation Scontrino activities and Scorpio Operation Middle of the SISMI through which many operations have been carried out underneath cover of Gladio (sadly recognized references as a result of in connection with the investigations into the murders of Graziella De Palo, Italo Toni, Mauro Rostagno, Ilaria Alpi, Miran Hrovatin, Vincenzo Li Causi and the bloodbath to the barracks of the Carabinieri of Alcamo Marina which occurred in 1976).

In this regard, the perspective of the decide Antonino Di Matteo could be very clear: “At that moment, when Falcone was no longer at the Public Prosecutor's Office of Palermo, but at the Office of Penal Affairs of the Ministry of Justice in Rome he continued to pay attention to the Gladio affair … Giovanni Falcone had long investigated and believed in the collaboration between the mafia and the subversive right in the murder of Piersanti Mattarella. And we must not forget that in the last period of his presence in Palermo, Falcone had collected the statements belonging to that political wing, even before the list of Gladio came out and probably those statements could refer to the existence of that secret strategy, even before Andreotti revealed the existence of the list of gladiators “.
Similarly, the journalist Saverio Lodato, with whom Falcone asks to speak in the aftermath of the Addaura attack, gives an extremely significant cross-section of that situation and of the judgments made by the judge: “Giovanni Falcone is in time before he dies to see that that mafia that he had begun to know and discover as such, in the course of his work turns under his eyes, becomes something much more disturbing and alarming. Not only a criminal power that somehow was said simplistically that it was war State but a mafia behind which the same Falcone a few years before Capaci warns some occult presences that suggest to the mafia that guide it and somehow “route” in its legal trials … .. He says he lastly understood that behind Cosa nostra there are “very refined minds” that guide the recreation of the mafia “

In February 1992 in Milan started the course of investigations into corruption in the world of enterprise and politics in Northern Italy generally known as Mani Pulite, which quickly led to the collapse of the cd social gathering system. First Republic and provides an extra affirmation at the sunset of the relations between Cosa Nostra and the First Republic's celebration system, already began by the investigations of the Antimafia Pool of Palermo that had created a circuit in the hyperlinks between the mafia and the DC andreottiana current. In that historic context, the determine of Giovanni Falcone was full of serious significance each for the public opinion and the Italian society and for the mafia consortium and for the hidden powers lively in Italy and out of doors of Cosa Nostra. Falcone represented a watershed between two totally different phases of the history, not solely procedural, of the relations between politics, state and mafia. Throughout the indictment for the state-mafia negotiation process, the Public Prosecutor Roberto Tartaglia describes his historic position as follows: “Giovanni Falcone in 1991 marked a watershed in the fight against Cosa Nostra, from that moment the strategy towards Cosa was changed our … What we see in subjects like Falcone and then Interior Minister Vincenzo Scotti the emblem of change. For example, the regime on pre-trial detention is changed, the double track is introduced. On March 1, 1991 the decree of interpretation law was approved, which makes the government on the articles that govern the calculation of the effective date of the custody. It is an effect that in the eyes of Cosa Nostra was devastating. Another decisive action was the introduction of the rule of shift work in the Cassation of mafia processes, moving the assignment from the 1st section, chaired by Carnival, to other sections. Brusca said that Falcone's hand in the Cassation had become an obsession for Riina. The fault was given to Falcone, Lima, Andreotti and Martelli ”. It’s at that moment that, based on the PM's reconstruction, “Our thing becomes aware of not being able to acquire that result on the Maxi and this conviction is matured while a tragic attempt is made through the murder of Scopelliti”.

On Might 23, 1992, the elimination of Giudice Falcone takes place in a particularly vital method, purposely using a hanging massacre as an alternative of the conventional type of larger discretion and ease often most popular by the mafia. This doesn’t occur by probability and the symbolic meanings of the mafia homicide, from the stone in the automotive bombs to the struggle actions, have exact references and particular interlocutors, on this case also totally different from one another and at totally different ranges of the institutional panorama. The meanings of this stragistica modality, precisely as it had happened for the assault to the Addaura, and the crucial exterior supports acquired from the mafia to understand any such attentanto begin to be profiled as a “different reality” from that that as much as that moment had been cataloged merely as a struggle solely of Cosa Nostra against those who threatened its interests. That is how the presence of “highly refined minds” external to Cosa Nostra emerges, sharing in the conception, organization and materials execution of the Capaci massacre and the subsequent implementation in By way of D’Amelio against Paolo Borsellino.

This can be a fact that should essentially lead to different assessments and instructions each public opinion and, in fact, judicial motion but, above all, the orientations of politics and that of the media. The method of in search of the fact can’t stop at current acquisitions, though these are already of historic importance in many ways. “The truth that has been ascertained,” says decide Di Matteo, “continues to be a partial fact. Exactly the information of the proceedings of the investigations and processes, the analytical studying of the sentences which were issued leads us to consider that it was potential, but I really feel extremely more likely to say that along with the men of Cosa Nostra they participated in the bloodbath, in the second of the stragista mandate, organization and execution, also other males extraneous to the mafia “.

The findings of current investigations, on this sense, show that there was a type of wall of silence and silence within the group Cosa Nostra itself, even up to the members of the Provincial Commission of Palermo, on the true which means and the subtleties of the group of season of the massacres in Palermo and then in Rome, Florence and Milan, on the content of the conferences held in the Enna campaigns in 1991, during which a undertaking was devised for the implementation of a posh political destabilization plan steered by entities exterior, for which it was additionally thought the use of a terrorist symbol of cover for the declare of the assaults that was recognized in the Falange Armata and with which many crimes of those years have been claimed. Confidential and strategic conferences unmentionable even to the men of Cosa Nostra, with selections motivated by elements whose contents weren’t allowed to enter if not to the restricted circle of the Corleonese leaders, on pain of destruction of the Cosa Nostra itself.

It is, subsequently, a well-studied strategy, a collection of exceptionally critical crimes dedicated with modalities of deliberate terrorist impression, conceived and dedicated not only to cope with Cosa Nostra interests however to implement a line pursued by other entities very a lot in all probability additionally of intelligence, political, financial, entrepreneurial not solely nationwide but in addition worldwide. That is, practically, what emerges already in 1993 from a press release of the Dia, operating for just one yr, which signifies how: behind the massacres there was a “horizontal aggregation, in which each of the members is the bearer of particular interests pursued in the 'ambit of a more complex project in which different aims converge' and behind the mafia performers there were minds that had 'familiarity with the dynamics of terrorism and with the mechanisms of mass communication as well as an ability to probe the environments of politics and interpret the signals ”.

These issues are additionally mirrored in the investigations into the Capaci massacre throughout which, because of the contribution of varied collaborators of justice, it emerged that amongst the planners and organizers of the bloodbath there was the presence of a historical exponent of the extreme proper wing , Pietro Rampulla, ex-member of New Order, professional in explosives, reported by Antonino Gioè, one other explosives professional who had had direct relations with the secret providers and was present in Capaci, in addition to the circumstance of finding a ticket with references telephone numbers of some SISDE workplaces in Rome and Palermo and of personalities belonging to the providers together with the head of the Palermo middle. The investigations may also lead to a sort of agency skilled in cloning which also served the mobsters who made their own use of cloned cell phones during the execution of the attack. From the identification of the cloned telephone traces it was discovered that Gioè in the phases prior to the bloodbath had used a phantom cellular phone, that is apparently disabled, with which he referred to as a number from Minnesota, in the United States, 3 times. It’s value recalling that the similar Gioè was discovered lifeless in his cell, apparently by suicide, in 1993, shortly earlier than he started his collaboration with the justice and shortly after having acquired in prison the visit of exponents of the providers. To this is added the disturbing coincidence with the massacre by which the head of the Schooling Office of Palermo Rocco Chinnici died, when the FBI, retaining beneath control the utilities of Gino Mineo, a leading mafioso resident in the United States, had intercepted that these, on the telephone with an nameless interlocutor from Palermo, have been informed of the end result of the massacre just happened in By way of Pipitone Federico ..
Such findings, nevertheless, also needs to apply, and above all, as regards the exterior environments of Cosa Nostra, as the Lawyer Common of the Republic of Palermo, Roberto Scarpinato, has repeatedly underlined, stating that “the characters who, after the bloodbath, are still unknown of Capaci, they hastened to examine Falcone's pc information (concerning Gladio and the mafia-political crimes) in his Roman workplace at the Ministry of Justice, in quest of burning paperwork which they evidently knew existed. And the males of the safety apparatuses additionally remain unnamed, offering the mafiosi with the extraordinarily confidential logistical info necessary to kill Falcone as early as 1989 when he was going to take a bath on the cliff of his home in Addaura “.

On this regard, an extra crucial consideration, for the in-depth analysis of which each can seek advice from the results of the most up-to-date procedural and investigative procedures, is that associated to the proven fact that the years during which Giovanni Falcone and Paolo Borsellino carried out their exercise in Sicily have been characterised by by the presence of institutional figures, particularly those who worked around the two magistrates, who investigated the massacres of which they have been victims and that like all the most important Italian institutional figures then competent for the relative sectors, specifically President of the Republic, Minister of the Interior, Chief of Police, High Commissariat for the struggle against the Mafia, Quaestor of Palermo, leaders of the Carabinieri ROS, well-known exponents of security providers (with a number of scandal coated up by the provision of black funds lively between the civil secret service and Ministers of the Inside), Heads of the Public Prosecutor's Workplace of Palermo e Caltanissetta, judges of the Courtroom of Cassation, Presidents of the Parliamentary Anti-Mafia Fee, parliamentarians, politicians also of presidency, and so forth., have all been indiscriminately touched by very critical suspicions, omissions or equivocal conduct, aiding, conniving, deceptive, when not even investigated or doomed.

Evaluations which have discovered ample evidence additionally in the declarations of highly reliable and skilled collaborators, with expertise of stories and apparatuses of national and international intelligence corresponding to, for example, Francesco di Carlo, who has in a number of forums supported the perception that “the mafia she wouldn’t have had the courage to kill Falcone and Borsellino alone. However the two judges didn’t solely have an effect on the mafia. To discover the flows of soiled cash they’ve crossed (introduced) banking secrecy even in Switzerland: they had to be stopped they usually did it “. Issues from which the convergence of interests between the mafia, politics, finance, secret providers, not only Italians, which might have determined the massacres of Capaci and by way of D'Amelio, convergence aimed toward the realization and maintenance of the interests of every of the aforementioned members who haven’t hesitated to resort to legal actions in the present day when such interests have been put in peril.

That is, from the perspective of the historic and social analysis of the details thus far emerged, the result of what gravitates round the preventive elimination technique carried out against Giovanni Falcone for which, as said by Antonino Di Matteo: “That of Capaci was an attack that was not solely finished for reasons of revenge, provided that the decide had instructed the maxi-trial …. The aim of revenge was, nevertheless it was not the only facet of the motive. There was a preventive motivation, as a result of Falcone, by inspiring the authorities on the coverage of the struggle against the mafia, with Minister Martelli, was inflicting injury to Cosa Nostra and others it will have brought about. “

And Paolo Borsellino had, as evident, from the outset a particularly and dramatically clear picture of what at this time is starting to rise to the rank of check, an image that feels the want to communicate immediately in the aforementioned speech of June 25, 1992 at the Municipal Library of Palermo , when he states that “the mafia group, when it prepared and carried out the Might 23 attack, ready it and carried out it simply when, for my part, all the circumstances had materialized as a result of Giovanni Falcone, regardless of the violent opposition by an excellent a part of the Superior Council of the Magistracy, it was by now one step, based on the information that I knew, that I had communicated to him and that he knew, and that I feel they have been additionally recognized outdoors the Council, outdoors the Palace , I say, he was now one step closer to turning into the National Antimafia Director … the one that can’t be disputed is that Giovanni Falcone in this temporary, very temporary ministerial expertise worked above all to have the ability to proceed as soon as potential, to return to being a magistrate. And this is what was prevented, as a result of that's what was scary “.