41 bis must have an expiry date even if the prisoner is Riina's son
PALERMO – Article 41 bis cannot be applied without a deadline. The current dangerousness of the prisoner must be assessed even if he has a heavy surname.
The Court of Cassation has annulled with referral the provision with which the Surveillance Court of Rome extended the harsh prison regime for Giovanni Riina, the life-sentenced son of the boss of bosses.
In prison for 28 years Giovanni Riina has been in prison for 28 years for mafia and murder, and has been locked up under 41 bis since 2002. According to the Surveillance Court of Rome, the second son of Totò Riina deserves the regime reserved for the most dangerous bosses.
“Even in the absence of procedural recognition of the quality of head or promoter of the mafia association – the magistrates write – a position of 'superordination' of Riina with respect to other associates was represented”.
And again: "The mafia association is still active in the territory of Corleone and there are no signs of effective repentance , in the presence of prison conduct that is not always regular". Hence the consideration of " Riina's continuing ability to relate to subjects outside the prison circuit".
The defense of Giovanni Riina The defense appealed, arguing that “the extension decree does not contain any renewed assessment of Riina’s subjective dangerousness .” In fact, it reiterates “the reasons for the previous decrees.”
His “superordinate” role dates back to 1996. His brother Giuseppe Salvatore is currently free , but “there has been no jurisdictional investigation into the existence of a command role exercised by Giovanni Riina through his brother”. In none of the recent proceedings “concerning the Corleonese faction of Cosa Nostra has Giovanni Riina been involved”.
What the Court of Cassation says The Court of Cassation has ruled in favor of Totò Riina's son. The Supervisory Court did not follow "an effective and suitable argumentative path to account for the continuing need to subject the appellant to the 41 bis regime".
We are faced with "a mere appearance of motivation, with reiteration of assessments related to the appellant's family ties and not individualized".
And here is the referral to a new Surveillance Court that will have to better specify what the current dangerousness of Giovanni Riina is. For him, the glimmer of being able to leave the restrictions provided for by the hard prison opens up.
