The process

Open arms, how the case came about, what Salvini risks and the next steps

On 14 September 2024, the Prosecutor asked for six years imprisonment

by Redazione Roma

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Open Arms, Salvini: "Mi dichiaro colpevole di aver difeso l'Italia"

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Six years imprisonment: this is the prosecution's request made by the Palermo Public Prosecutor's Office against the deputy prime minister and minister of Infrastructure and Transport, Matteo Salvini on 14 September 2024, exactly two years after the start of the trial against him. The League leader is accused of unlawfully denying, in August 2019, the Spanish NGO Open Arms' ship to land 147 refugees rescued at sea in the port of Lampedusa. Charges that are not new for Salvini, who has already been charged in Catania for a similar affair (the Gregoretti case), which had, however, ended with a non-suit.

The Opem Arms ship remained stationary for 20 days in front of Lampedusa. It was the magistrates of Agrigento, following an inspection on board by the then Prosecutor Luigi Patronaggio, who ordered the emergency disembarkation of the refugees exhausted by the heat and the sea crossing. The file was forwarded to the Palermo Public Prosecutor's Office, the investigating office of the capital where the Ministers' Court is based, which is competent because criminal responsibilities of the then Viminale chief Salvini were hypothesised.

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The file in the Court of Ministers and the decision to ask the Senate for authorisation to proceed

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In November 2019, the Ministers' Court received a request from the prosecutors to proceed with preliminary investigations against the League leader. In February 2020, the panel decided to ask the Senate for authorisation to proceed. In the order, with which the court substantially accepted the reconstruction of the prosecutors, the judges affirmed the principle of the obligation to provide aid at sea and defined as 'administrative' and not political the act of prohibiting the landing of migrants ordered by Salvini. According to the magistrates, the decision not to let the rescued refugees land in Lampedusa was, in short, an act decided by the then Minister of the Interior individually, and therefore not 'shared' with the other members of the government, as the League leader has always maintained.

The Chamber of Palazzo Madama grants the green light

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On 26 May 2020, the Senate Committee on Immunities rejected the request, but on 30 July the chamber, with 149 yes and 141 votes against, granted authorisation for the former minister to proceed and sent Salvini to trial. After the green light from Palazzo Madama, the ball returned to the Palermo Public Prosecutor's Office, which called for the indictment of the League leader. Salvini's defence, with lawyer Giulia Bongiorno, asked instead for the case not to proceed because the fact does not exist or, in the alternative, because the fact does not exist.

The first hearing of the trial

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But the Gup Lorenzo Iannelli accepted the prosecution's argument and set 15 September 2021 as the first hearing of the trial, A trial that went on for two years, during which leading politicians such as former Prime Minister Giuseppe Conte, former Foreign Minister Giuseppe Di Maio or current Interior Minister Matteo Piantedosi, The court had also admitted the testimony of Richard Gere, who had boarded the ship to see for himself the conditions of the migrants, but the American actor had had to give up because he was busy on the set of a film.

Prosecutor asks for 6 years imprisonment for Salvini

On 14 September 2024, the Palermo prosecutor asked for six years' imprisonment for Salvini. "The pos (place of safety, ed.) had to be released without delay and immediately, the denial was in defiance of the rules and not to pursue a governmental design," said Assistant Prosecutor Marzia Sabella at the end of the indictment. The deputy prime minister's comment was immediate: 'Article 52 of the Italian constitution states that the defence of the homeland is a sacred duty of the citizen. I plead guilty to having defended Italy and the Italians, I plead guilty to having kept my word'.

What the deputy prime minister risks

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The charge against the deputy prime minister is kidnapping and refusal to perform official acts. These are articles 605 and 328 of the penal code. The punishment under 605 (most serious offence) is release from 3 to 15 years, as there are the aggravating circumstances of the offence committed by a public official and against minors.

Lawyer Bongiorno: 'Sentence maybe 1-2 weeks after replays'

On the timing of the verdict in the first-degree Open arms trial against Salvini, underway in Palermo, the deputy prime minister's lawyer Giulia Bongiorno explained: 'We have no certainties, I only know that the harangue is scheduled for 18 October. Usually after the harangue, there is a kind of hearing of replies, but I don't know if after a week or two'.

Open Arms, Bongiorno: pm non processa Salvini, ma linea governo Conte

League leader: 'I'm not plea-bargaining, I'm going all the way to the Supreme Court'

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"I am not plea-bargaining, I am convinced that I am right and I am going all the way to the Supreme Court". Thus Salvini, guest of Quarta Repubblica on Rete 4, speaking about the Open arms trial against him. Salvini clarified this with respect to the choice made by Giovanni Toti, former governor of Liguria. And he reiterated: 'No, I am not plea-bargaining because I believe I have defended the security of my country and that I have kept a promise, as a politician I said 'Vote for me and I will reduce the landings'.

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