While politicans and journalists have been splitting hairs about the holiness of the nuclear family and the threat to the survival of Western civilisation as we know it from same-sex civil partnerships, most papers and all the TV news programmes have failed to comment on the fact that that a judge convicted of corruption and aiding and abetting the Maria, Corrado Carnevale, has been reintegrated into his old job as a judge in the Supreme Judiciary Council (CSM). Eleven votes to ten. Four abstentions.
Carnevale's criminal conviction in the court of appeals in 2001 led to his resignation (voluntary). But the sentence was overturned in the Supreme Court on the flimsy basis that evidence regarding the pressure he put on colleagues to overturn judgements of mafiosi could not be used because it was covered by professional secrecy.
Berlusconi's government rushed to get him reinstated (in a job that he had resigned from), even though he had reached the legal age limit of 75. The previous CSM, with a right wing majority of lay members, claimed that the law did not apply to him, but the motion to reintegrated him in 2005 lost by one vote.
Though the TAR (Administrative Regional Tribunal) court and the State Council begged to differ with that Government, they did not go so far as to express an opinion about his automatic reinstatement.
It was our wonderful, present, left-wing dominated CSM who completed the Berlusconi government's good work by voting Carnevale back into robes, which he will be able to don until he is 83 years old.
“How could this happen?”, asks Marco Travaglio in his article “Carnevale in Quasesima” (“Carnevale in Lent” – (Friday 9 March 2007, Unità).
Easy.
Travaglio explains that of the five lay members of the CSM belonging to the left-wing Union, only two (Volpi and Tinelli) voted against Carnevale's resurrection. One (Siniscalchi) abstained and two (Mancino and Vacca) actually voted in favour together with the House of Bloody Liberties (Cdl), Magistratura Independente (Independent Judiciary) and half of Unicost.
The CSM, Travaglio continues, was by no means obliged to accept Carnevale's reinstatement: it was one thing for Carnevale to benefit from the tailor-made law and another to get his old job back. Part of the CSM's job is to evaluated whether or not a judge has the requisites to carry out his job. There have been judges, though acquitted from criminal charges, who have still been banned from their professions for immoral or unprofessional behaviour. One charming aspect of Carnevale's unprofessional behaviour was to call Giovanni Falcone (“cretin”) and insult him and Paolo Borsellino, calling them “dinosaurs whose professional ability was close to zero.” The insults did not cease with their death (“there are certain people I don't respect even though they are dead”).
One example of Carnevale's judge-like behaviour? A supreme court judge, Manfredi la Penna, was to judge the appeal of the murderers of police captain Basile. Carnevale summoned him to his office to persuade hime to annul their sentences. This is just one of a series of misdemeanors which would justfiy a disciplinary procedure. But the motion was chucked out.
The only way now , Travaglio concludes, to get rid of Carnevale (reportedly in perfect health) would be for parliament to make the 75 age limit for judges applicable to those who have been reinstated too.
Fat chance.
You can read an interview with Carnevale on his “success” here.