The prosecutor of Tangentopoli and P2: "Clean Hands is over, the corruption remains"

by Pietro Mecarozzi FLORENCE

Gherardo Colombo is the former magistrate of Mani Pulite. He is also the judge of the discovery of P2 and the Ambrosoli murder. A man who made the powerful tremble. A man who knows the relationship between politics and the judiciary and the relationship between power and corruption. He studied its origin, its effects and its structure. And today, he is able to recognize its mutation, its weak points and the new attack strategies.

Colombo, first the investigation in Liguria, then the Occhiuto earthquake and a few days ago the accusations against the mayor of Prato. The comparison with Tangentopoli was immediately proposed again. What do you think?

"First of all, we need to make a premise: the investigations are ongoing and the presumption of innocence applies. However, there are some differences with Tangentopoli: before, corruption was systematic, and very closely linked to illicit financing of the party. Today, illicit financing is much more limited. Parties spend less, which means they have less money. Corruption is equally widespread, it has just changed its structure, and it mainly concerns the level of bureaucracy, whatever it is."

In recent scandals, the protagonists are often entrepreneurs and politicians. How has the dialogue between these two worlds changed?

"The relationship between these two worlds has changed. While before, at least until the 1990s, there was a strong distinction between politics and business, now we are witnessing more and more frequent 'mixings'. Obviously it is not an absolute rule, but it often happens that businessmen directly engage in politics by taking decisions that are up to politicians".

Many of your colleagues define corruption as inherent to human nature. How can we intervene in your opinion?

"Observance of the rules is achieved through education in respect and control. There should be both. Either we change the cultural setting or it is difficult to get out of it."

Clean Hands didn't help?

"Clean Hands was of no use. Clean Hands is over, corruption is not over."

Is the level of political intolerance towards the actions of the judiciary exceeding the safety threshold?

"Nobody likes to be controlled, least of all the executive. There will always be intolerance towards control, it is a historical constant."

What do you think about the separation of careers?

"We must think about the effects it produces not on the judiciary, but on citizens. Because with the separation of careers the public prosecutor will only be interested in winning the trial, and will increasingly lose the culture of the judge. In my opinion, he should instead think like a judge, so that his work is carried out with the necessary independence".

Another great novelty was the abolition of the abuse of office...

"The abolition of abuse of office would not be relevant if there were strong preventive measures of another kind, which unfortunately do not exist, capable of effectively avoiding the repetition of similar behaviors. And that sanctioning tools capable of dissuading were used, which does not happen with the threat of prison".

What is justice for you?

"Justice in Italy means coherence with the Constitution. It is right to recognize and respect the ability of all people."