The project

‘Freedom to choose sets a global precedent.’ This is how children and women escape from mafia environments

Juvenile court judge Roberto di Bella, who drew up the first protocol for removing children and wives from mafia families, is monitoring the legislative developments regarding his project. Multidisciplinary training is essential for judges, lawyers and social workers

Roberto Di Bella, presidente del Tribunale per i minorenni di Catania dal 2020

4' min read

Translated by AI
Versione italiana

4' min read

Translated by AI
Versione italiana

From a temporary and limited protocol to a law for the protection of minors and women seeking to leave organised crime. ‘Free to Choose’, which comes into force on 17 July 2026, is an Italian law (No. 131) unanimously approved by Parliament. And the person who conceived it in its original form back in 2012 is now visibly moved.

“We weren’t adventurers”

‘They accused us of all sorts of things: that we were breaking the rules, that we were deporting minors, that we were legal adventurers; yet time and the results we achieved have shown that we could genuinely offer an alternative to the bosses’ children and wives. That we could tackle juvenile delinquency by breaking the cycle of the mafia culture”: Roberto Di Bella, president of the Juvenile Court of Catania since 2020, headed the same judicial office in Reggio Calabria for 25 years before his transfer to Sicily.

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Minors and white widows

Areas with a high level of mafia influence, where Di Bella has developed a series of temporary protective measures, such as removing children from mafia families and taking steps to terminate or restrict parental responsibility. ‘In this way, we have saved more than 200 children and 34 women. The aim has always been, first and foremost, to protect the youngest children, safeguarding their emotional and physical well-being by arranging placements in community care or with foster families, even beyond regional borders, often relieving mothers of responsibilities that are too difficult to bear. Many of them are ‘white widows’, trapped by their families, with husbands serving life sentences.”

A milestone in the fight against youth hardship

The protocol, which over the years had been extended from Reggio to the public prosecutors’ offices in Naples, Catania and Milan, was examined by the Parliamentary Anti-Mafia Commission, chaired by Chiara Colosimo, and reviewed by the Committee on the Culture of Legality and the Protection of Minors, coordinated by Enza Rando, a senator from the Democratic Party. And so it became a law of the state. “I was in the chamber when ‘Liberi di scegliere’ was passed unanimously. It was a deeply moving moment, both for the work carried out up to that point and for the children and mothers to whom we had given hope. The law sets a global precedent; there is nothing similar in any other legal system,” adds Di Bella. “We now need multidisciplinary training programmes for magistrates, lawyers, social workers, psychologists and teachers. The legislation could become a milestone in strategies to prevent youth distress.”

In the event, for example, that parents of minors are arrested on charges relating to the Mafia or, more generally, organised crime, the orders for remand in custody or house arrest must be forwarded immediately to the juvenile courts.

In the courtrooms: the same families, the same surnames

‘Let’s name the Bruscas, the Messina Denaros and the De Stefanos. Just to name a few. They’ve been the same families for over a century, always the same surnames: first I put the fathers on trial, then the sons,” says Di Bella, who has co-authored a book with Monica Zapelli for Rizzoli entitled *Liberi di scegliere* (*Free to Choose*). ‘It was necessary to break the cycle of “generational continuity”, the Mafia indoctrination that takes place within many families.’

10 million a year to support those who choose to break free

Substantial funding is now available to support the new law – 10 million a year: women can relocate and receive accommodation, maintenance payments and, above all, change their surname, with cover documents to help them find work. The third sector, and the Libera association in particular – which has always been involved in the programme – will stand by their side. ‘In many cases, it is important to protect mothers who risk being tracked down, whilst a new surname can safeguard their identity. These measures,’ explains Roberto Di Bella, ‘apply to those who cannot enter protection programmes, which are instead intended for those who make relevant statements to the judicial authorities. There is no equivalence. In the case of ‘Liberi di scegliere’, it is sufficient to express a desire to break free from criminal circles, without any procedural benefit for the State.”

No equivalence with the protection programme

This, however, was the case for Lea Garofalo and her daughter Denise, who recently took her own life, overwhelmed by unbearable grief: Lea, originally from Petilia Policastro, a victim of the ‘ndrangheta and a witness for the prosecution, was excluded in 2006 – along with her daughter – from the government protection programme she had been part of for a few years after making important statements about her own family and that of her partner. Thanks to the support of Libera’s legal team and lawyer Enza Rando, she was subsequently reinstated under protection for a brief period, only to finally abandon her difficult exile after about a year. From Carlo Cosco’s confession, we know how events unfolded on 24 November 2009. The witness protection programme, as highlighted by the national association representing its participants, has many shortcomings. Essentially, they are asking not to be forgotten, and for more support and security. They are awaiting a meeting with the Under-Secretary of State for the Interior, Nicola Molteni.

“We realised that Article 41 bis was not enough to combat the Mafia”

‘At a certain point, we realised that Article 41 bis alone was not enough to combat the Mafia. We had to trace the phenomenon back to its origins, transforming the problem into a social and cultural issue. We need radical changes in education and new social, emotional and psychological horizons,” concludes the president of the Juvenile Court of Catania, to whom Rai has dedicated a film, starring Alessandro Preziosi in his role. We need a genuine alternative for those facing imprisonment, bereavement and certain life on the run. So often, the most loving fathers, from their prison cells, express their gratitude.”

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