It could be argued that Benito Mussolini almost succeeded in eradicating mafia groups during his dictatorship. When a regime itself is the intimidator, there’s not much space in which criminals can operate.
However, the current government’s rightwing agenda is having a negative influence on the fight against the mafia. Laws with a proven record for tackling mafia groups and corruption are being meddled with in the name of “efficiency” and “privacy”.
Prosecutors, police and civil society associations have been run into the ground by an administration that does not appear to want to have any discussions about mafia activities and infiltration. And meanwhile, reforms to the media and public life are having dangerous knock-on effects.
1. Making it impossible to report on the mafia
Since coming to power, the government of prime minister Giorgia Meloni has been introducing restrictive media reforms. Whether intended to or not, these are making it harder to report on the mafia.
Whereas previously, journalists were allowed to report on all of the evidence in a mafia investigation, a change in the law will soon limit this to only quoting selected intercepted phone records used by the preliminary investigation judges in their pre-arrest warrant – not evidence from the whole investigation.
They will also no longer be able to quote directly from all phone intercepts until investigations are complete. This limits their ability to report on the mafia’s complex activities and networks.
2. Abolishing the crime of abuse of office
The Italian government has also abolished the crime “abuso d’ufficio” (abuse of office), which has also had implications for preventing organised crime. It has been argued that this was a necessary move because the law was limiting the decision-making powers of local administrators. They were apparently particularly scared of being accused of inappropriate behaviour in public tendering processes.
However, abolishing this law has made it easier for public officials to engage in irregular practices such as clientelism (preferential treatment in return for political support), nepotism and corruption – a key part of any organised crime infrastructure. This reform has potentially opened the doors to more white collar crime at a local level.
3. Limiting the use of wiretapping
The use of interception to infiltrate communications is controversial in some countries, but in Italy it has been a vital tool against the mafia. Collecting evidence by listening in on private conversations and spaces has been one of the most important and efficient tactics for understanding mafia strategies, dynamics and activities over the decades.
But a new law going through parliament will limit authorities to only monitoring the calls of a suspect for a maximum of 45 days, unless there are exceptional circumstances. Mafia and terrorism suspects are excluded from this change, but it will apply to crimes adjacent to mafia cases, which are often crucial for closing in on organised crime.
Scaling down the use of this tool means not investigating the wider circles of mafia enablers and facilitators, such as solicitors, accountants and business associates. Focusing on this grey zone is often the best route to the centre. By reducing the effectiveness of this tool, mafia enablers will be harder to prosecute – allowing the mafia to reinforce its social and economic power.
4. Cutting support for state witnesses
State witnesses – criminals who reveal their crimes and collaborate with the state in exchange for a new life and identity – have made an immense contribution to the fight against the mafia. Insider voices such as high-ranking Sicilian gangster Tommaso Buscetta have changed the antimafia game.
In 1984, Buscetta provided concrete evidence to what prosecutors believed was happening in Sicily, leading to major breakthroughs. At the time, the Italian state could not protect him so the US authorities stepped in to protect Buscetta after he’d turned on his former associates.
In 1991, legendary antimafia judge Giovanni Falcone established a full state witness protection programme in Italy – a strict regime of protection, and a contract between the state and former criminals. In 2001, this was watered down by all political parties, making it less attractive to become a state witness. In 2024, it is being weakened again.
State witnesses are no longer automatically being given a lump sum to start a new life after collaborating with the state. The state agency that manages this agreement has decided to withhold the lump sum because, it argues, these witnesses owe the state for services including court and prison costs, fines and other penalties.
This “severance package” has long been an important incentive for anyone thinking of risking their life to turn against the mafia. It is often used to buy a house or start a business.
Luigi Li Gotti, a famous criminal lawyer, and Gian Carlo Caselli, Palermo’s former chief prosecutor, have both been vocal in denouncing this situation.
A limping antimafia fight
Italy has been a world leader in the battle against organised crime since it started to take the problem seriously in the 1990s. But recent changes are slowly undermining this status.
Italian mafias are by definition complex, insidious organisations. Laws are needed to tackle their multiple activities and accomplices, especially as they expand abroad. The legal mechanisms put in place in the 1990s are there for a reason, and should not be changed without careful consideration. We may all otherwise pay the price.
Felia Allum, Professor of Comparative Organised Crime and Corruption, University of Bath
This article is republished from The Conversation under a Creative Commons license. Read the original article.