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TIME: Almanac 1993
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TIME Almanac 1993.iso
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1993-04-08
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ITALY, Page 52Getting Away With Murder
Fighting the Mafia will continue to be a deadly business for
prosecutors until Rome declares all-out war
By JOHN MOODY/PALERMO
A bomb goes off, six people die, their loved ones weep.
For the second time in two months, furious Italians beat the
air with their fists. This, they shout, is too much; the time
has come to face down the Mafia, the romanticized clan of
criminals they love to hate but refuse to confront. THIS IS
ALL-OUT WAR! the headlines scream. What was rarely said last
week, as a shocked and shamed Italy tensed for the next blow,
was that the Mafia has evolved into the world's foremost crime
organization because in its war with the state, only one side
is using real weapons.
When a 176-lb. remote-controlled bomb obliterated
anti-Mafia prosecutor Paolo Borsellino and five police
bodyguards last week, no one could miss the message: the Mob
would kill anyone, anywhere, in its campaign of intimidation.
The brave efforts of a handful of Sicilian judges and
prosecutors like Borsellino and Giovanni Falcone, assassinated
in a similar blast in May, had won only feeble support from
Rome. Nonetheless, the courts managed to put more than 400
suspected mobsters on trial and convict the vast majority of
them. But now the Mafia has challenged the prosecutors to back
off, and its bloody taunt has thrust the country into a crisis
of confidence, adding fear of civil disorder to serious economic
troubles. Commented the Corriere della Sera: "We have chosen
leaders who are very capable of shedding tears but perfectly
incapable of assuming grave duties." The month-old government
of Prime Minister Giuliano Amato found its attention painfully
distracted from the job of repairing the budget deficit, public
debt and unemployment that threaten its status in the European
Community.
Italians wondered how many deaths would be enough to prod
the national government into effective action against the
criminals it has long tolerated. A week before his death,
Borsellino told friends, "The TNT for me has already arrived in
Palermo." With estimated annual profits of $20 billion at stake,
the Mob had decided that he knew too much about its inner
workings to live.
This crime, like those before it, was ringingly denounced
by politicians, law-enforcement officials, trade unions and the
media. But few doubted the Mafia would strike again at will,
without fear of retaliation. The criminals' arrogance is fed by
the feckless response that greets each new barbarism.
Protesting Borsellino's death, unions staged a nationwide
10-min. work stoppage. Jailed Mafia bosses were clapped into a
remote island prison, denied visitors and the use of phones from
which they run their businesses. At the Mass for Borsellino's
bodyguards, President Oscar Luigi Scalfaro and Prime Minister
Amato had to be hustled out of the packed cathedral by uniformed
police to protect them from the jeering crowd. "Get the Mafia
out!" the throng cried, referring to a system that has allowed
hardened criminals to humiliate and terrorize the country for
decades.
Thanks to effective federal and state laws, the U.S. has
made strides against organized crime, convicting 24 Mafia
bosses and dozens of lesser mobsters since 1981. The FBI has
made extensive use of methods normally barred by Italy's
Napoleonic legal code: electronic surveillance, undercover
agents, use of informants, reduced sentences for cooperative
witnesses. Nor did Italy have the all-important Racketeer
Influenced and Corrupt Organizations (RICO) laws, under which
many American mobsters have been jailed, or a witness-protection
program to encourage insider testimony.
Only now is Italy beginning to acquire some of these
tools. The strong-arm tactics of the Fascists, who disregarded
constitutional rights and democratic principles to jail
suspected mobsters, succeeded in quashing the Mob for a time.
But memories of that dictatorship left Italy with a postwar
constitution designed to prevent strong government. After
Falcone's death in May, Rome issued decrees to punish Mob
suspects who refuse to cooperate and gave police expanded powers
to make arrests. Last week the Senate converted some of those
into law. Borsellino's murder has stirred calls for martial law
and a return to the death penalty. While such notions are
gaining support, they have no chance of succeeding.
Most of the country's means to confront organized mobsters
remain ineffectual. Strikes, speeches and taking phones away
from prisoners mock the dedication of Falcone, Borsellino and
their colleagues. A sweeping crime law modeled on the RICO acts
would be a useful start. But until the state applies the same
determination and courage that enabled it to stamp out the
political terrorism of the 1970s, the battle against the Mafia
will be one-sided, and the odds against the good guys will grow
longer.