Showing posts with label Italy. Show all posts
Showing posts with label Italy. Show all posts

Lots of Media Coverage of Amanda Knox, But Almost No One has Bothered Reading the U.S. Italy Extradition Treaty


Lots of Media Coverage of Amanda Knox, But Almost No One has Bothered Reading the U.S. Italy Extradition Treaty
by Julian Ku    March 29, 2013

A depressing large number of U.S. media outlets are covering the Italian Supreme Court’s decision to order a new trial in the case against Amanda Knox, the American exchange student charged with murdering her British roommate in Italy. Knox was convicted in trial court, but that conviction was overturned on appeal.

I say depressing because this is hardly the most significant international criminal trial going on these days. It is also depressing because most of the U.S. media coverage, and even the “expert” legal commentary, can’t seem to understand that if Italy requests Knox’ extradition, Knox has no double jeopardy defense.

The biggest mistake made by most of the media commentary (I’m looking at you Alan Dershowitz and various law prof types here) is that almost no one seems to have read the U.S. Italy Extradition Treaty.  Article VI reads:

Extradition shall not be granted when the person sought has been convicted, acquitted, or pardoned, or has served the sentence imposed, by the Requested Party for the same acts for which extradition is requested

(Emphasis added.) The Requested Party in this scenario would be the United States (Italy would be the “Requesting Party”).  The U.S. has never charged Knox with anything, much less with the murder of her UK roommate.  So Article VI does not bar Knox’ extradition to Italy. Period.

What about the U.S. Constitution’s Fifth Amendment prohibition on Double Jeopardy? Well, the short answer is that the Fifth Amendment’s Double Jeopardy Protection doesn’t apply in an extradition proceeding since the U.S. is not the one trying Knox (they are just handing her over).  The long answer is that even if the Fifth Amendment did apply, under US law, an appeal that overturns a lower court conviction is not an acquittal for purposes of the Fifth Amendment.  That is basically what happened here.  Knox was convicted, then her conviction was overturned on appeal, and then the appellate court judgment was reversed, and a new trial ordered (albeit at the appellate level). This is not double jeopardy, either under Italian law or US law.

So Knox had better get ready to be extradited, or she better get ready to move to Brazil. She has no serious double jeopardy defense here that I can see.  Now, if only someone would tell Alan Dershowitz.

The Veiled Tyranny of Italy's Silvio Berlusconi


October 17, 2011
SNAPSHOT
The Veiled Tyranny of Italy's Silvio Berlusconi
How the Prime Minister Clings to Power
Maurizio Viroli
MAURIZIO VIROLI is Professor of Political Science at Princeton University.

Italian Prime Minister Silvio Berlusconi's system of power [1] has no precedent and no equal in the history of liberal and democratic countries.  The most unsavory aspects of his regime are well known [2]. He is continually embroiled in political corruption scandals: His longtime political partner Cesare Previti [3] has been found guilty of bribery and sentenced to six years in prison. There are allegations of his connections to organized crime: His other partner in business and politics, Marcello Dell'Utri [4], has been sentenced to eight years in prison for his ties to the Sicilian Mafia. Berlusconi displays an open contempt for the judiciary and the constitutional court, as he regards both as unacceptable limitations on his power. Accordingly, his cabinets have passed laws to shield him from the judiciary. The numerous sex scandals during his rule have prompted commentators to call Italy a "bordello state" that is run by a "whoreocracy."

On Friday, Berlusconi again demonstrated his political staying power as he survived a no-confidence vote by Italy's parliament. The news serves as a reminder that Berlusconi's new, ambiguous, protean type of political power was born not against but within democratic institutions. Some scholars have suggested an analogy with fascism. Others have called it despotism, a kind of sultanate. Neither interpretation suffices. Fascism seized power in Italy through the systematic use of violence, including the assassination of political opponents, and kept it through the demolition of civil liberties. Berlusconi has used various forms of pressures against his opponents, but he has never commissioned assassinations. Nor has he jailed anyone on political grounds. Political liberty and civil rights are still in place. Newspapers and televisions (those not owned or controlled by Berlusconi) can print or broadcast harsh criticism against the government, citizens can freely organize rallies, and the opposition can raise its voice in the parliament. The concept of despotism, too, fails to capture the core of Berlusconi's regime -- the term "sultanate" evokes an exotic and distant regime sustained by tradition. Berlusconi would surely like to be considered a sultan (and many of his supporters regard him as such), but he is as indigenous as one can be and lacks the aura of tradition. Also, he has explicit support from religious institutions, as the Vatican has, on many occasions, overlooked his questionable moral behavior and offered him help.

Berlusconi's regime exemplifies, instead, a degeneration of democracy into the power of a demagogue who controls a corrupt electorate. Like classic demagogues, Berlusconi has displayed, since the beginning of his political career, a remarkable ability to fascinate the masses with political theater that exalts his image. At the same time, he has an impressive ability to win over the Italian public by telling them exactly what they want to hear. His speeches are skillfully crafted to exploit the electorate's beliefs and offer a comforting and simplified vision of reality. 

Unlike almost all demagogues, however, Berlusconi is immensely rich, and he uses his fortune to obtain and consolidate political power. With his money he buys people, and more often he uses his money to distribute favors of various sorts and value, from presents to jobs. In turn, he gets, as has always been the case with this kind of politics, the loyalty of a large number of supporters. One could say that Berlusconi has established an oligarchy within a democratic system.

Berlusconi's regime possesses traits that classical political philosophers described as characteristic of tyranny.  But rather than tyranny in the sense of a power imposed and maintained through violence, Berlusconi's regime is more of a veiled tyranny, a concept that was first forged by the fourteenth-century jurist Bartolo da Sassoferrato. Veiled tyranny is a political regime that has not established itself illegally, nor does it resort to the use of massive coercion to remain in power. It can effectively attain its goals under the shadow of republican or democratic institutions. The best historical example was the Medici regime in fifteenth-century Florence. Like any other type, veiled tyranny is the use of power by one man to serve his interest, against that of the common good

Italy has a long history of veiled tyrannies. Free city republics of the late Middle Ages did not succeed in defending themselves from internal corruption or foreign domination, and all became open or veiled tyrannies. The liberal regime established by the Risorgimento in 1861 was dismantled 50 years later by fascism. The democratic republic born on June 2, 1946, on the ashes of fascism, has degenerated into Berlusconi's system. A country of fragile liberty, this is Italy's distinctive feature.

A man with enormous power such as Berlusconi creates beneath him a court composed of a large number of individuals who depend on him to obtain favors, power, and fame. With the court, come the habits of servility: flattery, simulation, obsession with appearances, and complete identification with the feelings, thoughts, and will of the signore, not to mention the presence of women ready to offer their services to magnify his splendor. Unlike early-modern and modern princely and imperial courts that affected hundreds or thousands of individuals, Berlusconi's court system influences practically the whole country, largely through the power of media. A servile mentality and corruption reach even the remotest areas of Italian social life. While authoritarian regimes control bodies, the new court system governs the minds. Incredible as it might appear, the regime has been able to produce an anthropological transformation of Italian society on a large scale.

Why do Italians so easily succumb? Because the country suffers from a moral malaise that has been present for centuries. With the exception of a few elites that have dignified the country's history, Italy lacks a sense of moral liberty, as Carlo Rosselli, back in 1929, powerfully wrote in Liberal Socialism: "It is a sad thing but true, that the education of man in Italy, the formation of the basic moral cell -- i.e., the individual -- is in large part still to be done. Most people lack the jealous and profound sense of autonomy and responsibility, because of misery, indifference, secular renunciation." Berlusconi is surely unfit to govern a democratic republic, but Italians are unfit for liberty.

In the specific case of Berlusconi's ascent, however, there is also a visible and serious responsibility of the political and intellectual elite. Political judgments must be based on deeds, and the fact is that these elites have failed to prevent the formation of Berlusconi's enormous power and have not yet been able to defeat it. A significant part of the current political elite that opposes Berlusconi, with various degrees of consistency and determination, has failed. A new one must come forth if Italians want to entertain some hope for a civic rebirth.

One way out of this servitude would be a sustained effort of civic education designed to form a new and different political leadership guided by constitutional principles. Berlusconi's ultimate goal is to dismantle the republican constitution in order to institutionalize his control. He wants to reduce the power of all existing institutions -- the presidency of the republic, the constitutional court, the independence of the judiciary -- that somehow still limit his domination. The emancipation from the liberty of the servants must, on the contrary, take the constitution as its guiding principle.

International public opinion might think that Berlusconi is just an Italian extravagance. Improbable as it might appear, however, Berlusconi's methods and language could find imitators in other countries.  No democratic society is immune to the combined power of media and money. The media persuade and seduce the electorate. Money buys consent and loyalty. In political matters, caution is preferable to excessive self-confidence. Citizens of democratic countries should therefore learn from Italy's mistakes and prepare ahead of time the appropriate defenses against the rise of enormous power.

Adapted from The Liberty of Servants by Maurizio Viroli, translated by Antony Shugaar. English translation copyright © 2012 by Princeton University Press. Reprinted by permission. (Original edition published under the title La libertà dei servi. Copyright © 2010 by Guis, Laterza & Figli. All rights reserved.)
Copyright © 2002-2012 by the Council on Foreign Relations, Inc. 

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Home > Snapshot > The Veiled Tyranny of Italy's Silvio Berlusconi
Published on Foreign Affairs (http://www.foreignaffairs.com)
Links:
[1] http://www.foreignaffairs.com/articles/51501/stanley-hoffmann/the-crisis-of-the-italian-state-from-the-origins-of-the-cold-war
[2] http://www.foreignaffairs.com/articles/60192/stanley-hoffmann/silvio-berlusconi-television-power-and-patrimony
[3] http://news.bbc.co.uk/2/hi/europe/2988561.stm
[4] http://www.guardian.co.uk/world/2004/dec/12/italy.sophiearie

Protests Erupt As Berlusconi Wins Confidence Vote


December 14, 2010

Premier Silvio Berlusconi won back-to-back confidence votes Tuesday in the Italian parliament, narrowly surviving one of the toughest fights of his political life. But violent protests greeted his victory, as rioters torched cars, smashed windows and clashed with police.

Riot police fired tear gas to try to disperse the crowds in Rome after earlier trying to cordon off the area around parliament. Clouds of white tear gas and orange flares engulfed some streets, shops full of Christmas goods hurriedly closed down and employees at one bank cowered in fear as waves of stone-throwing youths swept by.

tensions inside parliament's lower house had boiled over earlier in the day, as lawmakers pushed and shoved each other, forcing a brief suspension in the voting.

Ultimately, Berlusconi survived the lower house's no-confidence motion by just three votes after a more comfortable victory in the Senate earlier in the day.

The outcome of the highly uncertain votes attested to Berlusconi's uncanny ability to survive, even when nearly all indications pointed to a government collapse. Yet it also indicated he will have a difficult time governing given the narrow margin.

Berlusconi had been weakened after a year dominated by sex scandals, corruption charges against some of his aides and a breakup with a close political ally.

But the 74-year-old battled back, swaying a few crucial lawmakers to vote in his favor and pressing a successful case that stability in Italy trumped political infighting at a time of economic crisis. Italy has high public debt level and slow growth, and the financial markets have been concerned that it could be dragged into Europe's debt mire.

The outcome marked a victory for Berlusconi over the one-time ally who has become his most bitter rival, Gianfranco Fini, and dealt a blow to Fini's ambitions to replace Berlusconi as conservative leader.

Ironically, it was Fini in his capacity as speaker of the lower house who announced the result: 314-311 in favor of the government. Applause broke out and Fini quickly ended the session.

Pierluigi Bersani, leader of the opposition Democratic Party, called the result a "Pyrrhic victory."

Tuesday's victory was obtained thanks to the votes of a handful of swing lawmakers, including some close to Fini, who changed their minds at the last minute.

Fini acknowledged defeat, saying the outcome was made more painful by the defections of three of his lawmakers. He said future weeks would show if Berlusconi would be able to turn his "numerical victory" into political capital. Some called for Fini's resignation as house speaker.

The down-to-the-wire vote capped hours of tension inside and outside parliament.

Three pregnant women whose presence had been in doubt showed up and were among the first to cast their votes, all against Berlusconi, to the applause of their allies. One arrived by ambulance, another in a wheelchair. As undecided lawmakers were called to cast their vote, some in the house cheered them on, while others jeered.

Scuffles that forced a brief suspension of voting broke out as one of Fini's defectors announced her vote in favor of Berlusconi.

Minutes after the results were announced, talks began among Berlusconi's allies over how to broaden the government's majority, possibly to include the swing lawmakers or small parliamentary groups.

Outside parliament, hundreds of students, some of them downing beers as they marched, smashed shop windows, destroyed bank ATMs and set at least three vehicles on fire. They even entered a bank, prompting staffers to try to barricade themselves inside.

Police fired tear gas as the protesters neared Berlusconi's residence.

Along the central Via del Corso, charred cafe seats and overturned cobblestones littered the streets as protesters moved away from parliament. A hundred moved to a nearby piazza, forcing Christmas-decked stores to close as panicked shopkeepers watched in fear.

At the central Piazza del Popolo, firefighters worked to douse the handful of cars set on fire, while protesters rained stones down on anyone passing by from a terraced park on the hill above.

Protests also took place elsewhere in Italy. In Palermo, students blocked the train station and occupied the airport, while in Turin thousands marched through the city center, news reports said.

Berlusconi

EnlargeAndreas Solaro/AFP/Getty Images

Italian Prime Minister Silvio Berlusconi , center, drinks a coffee as he is flanked by foreign minister Franco Frattini, left, and economy minister Giulio Tremonti prior a confidence vote.