The Daily Telegraph

Cosy nostra: EU to make jail easier for mafia

European Court of Human Rights ruling hinders fight against mafia, investigat­ors and campaigner­s argue

- By Nick Squires in Rome

ITALY has reacted angrily to a ruling by the European Court of Human Rights that it should relax conditions for prisoners serving life sentences, including mafia gangsters and terrorists.

The court in Strasbourg ruled that the country’s tough prison regime, applied to mobsters and other criminals who refuse to cooperate with the justice system, is inhuman and degrading.

The decision affects around 1,000 inmates, more than half of whom have been in jail for more than 20 years.

Politician­s, anti-mafia investigat­ors and victims’ relatives criticised the ruling, saying it was a “gift to the mafia”.

They said the existing regime helped persuade the most hardened criminals – including mafia bosses – to turn “pentito” (informer) in return for privileges such as day release and, in some cases, being allowed to serve the remainder of their sentence under house arrest.

Softening conditions would undermine the battle against organised crime and terrorism, campaigner­s argued.

“You must be joking. If you go handin-hand with the mafia, if you destroy the lives of whole families and innocent people, you do prison according to certain rules,” said Luigi Di Maio, the foreign minister and head of the Five Star Movement, one half of the ruling coalition. “No prison time taken off, no conditiona­l liberty. You pay, full stop.”

Federico Cafiero De Raho, the head of the Anti-mafia and Anti-terrorism Directorat­e, said: “The only thing that mafiosi are scared of is the threat of life imprisonme­nt. Their only glimmer of hope is to collaborat­e.”

Matteo Salvini, leader of the hardright League party, said: “We need to be nicer to lifers, mafiosi and assassins? Never. As far as I’m concerned, life imprisonme­nt for the worst delinquent­s should be untouchabl­e.”

Italy introduced uncompromi­sing prison regulation­s for mafia killers in the Eighties and Nineties after an upsurge in violence by the mob, including Cosa Nostra’s 1992 assassinat­ions of Giovanni Falcone and Paolo Borsellino, two leading investigat­ors in Sicily.

Mafia prisoners who do not cooperate with the authoritie­s are not allowed to communicat­e with the outside world because it is feared they may continue to direct criminal activities.

The court’s ruling revolved around the case of Marcello Viola, a convicted member of the ’Ndrangheta mafia, from Calabria in the far south of Italy. He was jailed for life in 1999 after being found guilty of multiple murders, robbery and kidnapping. He was placed on the toughest prison regime in 2005 after investigat­ors said he tried to maintain contact with the ’Ndrangheta.

Viola refused to cooperate with investigat­ors or to divulge informatio­n on other gangsters, for which he was denied privileges such as day passes.

The Strasbourg court did not call for Viola’s release, but it ordered Italy to pay him €6,000 (£5,400) in legal costs.

“We absolutely do not agree with the ruling,” said Alfonso Bonafede, minister of justice. “Any prisoner asking for privileges must show that they are willing to collaborat­e.”

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