[continued here from another thread]
Ah, but according to the coverage I read about the Berlusconi-case, he got free because he used his political / economic power to make it impossible for him to get convicted. This would be much worse corruption than any mafia-connections, in my eyes at least - politicians rising above the justice system.
-Villain
Well, you are right that politicians being given a preferential treatment would be a very serious problem and completely undemocratic, but allow me to say - as I guess any Italian would tell you - that being in league with the mafia would be really, really worse. Mafia is a criminal organization that stifles entire regions of the country with violence and intimidation, prevents many innocent people from having decent lives (ie by burning their shops if they refuse to pay "protection money"), has caused the deaths of magistrates and policemen, and makes money from the trade of drugs, weapons, and worse of all human beings. i think that a politician who profits from connections with such people is way worse than someone who pulls strings in the legitimate judicial/business system to obtain favors. i'm not saying that pulling strings is ok, it really isn't, but at least nobody dies or is shot in the legs.
this said, Berlusconi has been accused of both things, being in league with the mafia and simply pulling strings. i believe that the first accusation is unfounded, mainly because of what i said above: a major police and intelligence effort to get rid of prominent mafia figures was started after the
tangentopoli (
bribesville) scandal at the start of the 90s, and it has continued both under the 2 governments led by Berlusconi and under the governments led by the Left, to very good results. i don't think the
mafiosi would support someone who has them jailed. another kettle of fish altogether is the involvement of some local figures of Berlusconi's party with the mafia. as far as i know, none of the accused has been sentenced in this sense, so all it boiled down to was: a couple of sicilian politicians in Berlusconi's party were rumored to have connections with criminals. I think it was unwise on Berlusconi's part not to oust them from the party, as it had been unwise on the part of the Christian Democrats ages ago not to get rid of suspected mafia collaborators until a couple of folks were shot, but that's hardly evidence of high crime. lack of sense of opportunity, superficiality, and maybe also a certain excessive swagger.
as for the pulling of strings, i also highly doubt it, because most magistrates involved with the Berlusconi trial were on the opposite side of the fence, politically. now, this is not a conspiracy theory: it is actually quite well-known that some sectors of the State are politically colored, say everyone knows the Army and the Police are mainly composed of right-wingers, and most of the magistrates are left-wingers, as are the majority of high school teachers. i don't see Berlusconi managing to bribe some very prominent judges who basically hate him and anyway would have a lot to lose if caught accepting his money.
what is true, and i think that this is where one can really accuse Berlusconi without being absurd, is that when he was prime minister he actually
changed a number of laws to make sentences milder for people accused of some of the crimes he was accused of, and to prevent being accused of other crimes (in this case, it would apply to actions performed while in government: sentencing is present-time, and the definition of crimes is not retroactive). so, for example, before his time in government tinkering with balance sheets of companies was a criminal offence, but he turned it into an administrative irregularity, which means that you don't go to jail, you just pay a fine. he modified stuff here and there to "cover" for himself and his associates, which is why the
legge ad personam expression was all over the papers through his government.
now, personally i think that it is still not possible to call Berlusconi a criminal because of that. of course, he didn't pass the laws all of his own; they were approved by the Parliament, and he had a very thin and fragmented majority (3 different parties for a total of 52-53% of the votes, and each party had a different agenda, with Berlusconi's own amounting to slightly more than half of the total) so the laws were actually negotiated with the opposition. also, it is flabbergasting how the famous law about the conflict of interests, which should have prevented Berlusconi from acting as a media tycoon and as the Prime Minister simultaneously, was
not drafted by any of the preceeding left-wing governments, and Berlusconi got the blame.
again, Berlusconi had very little sense of political decency. i do not admire this kind of behavior, because i find it unethical,
but it was not illegal. he actually did something that is the job of people in government: he changed some laws, and he had the parliament's approval for that. he lost credibility (and my vote) in doing so, but it is important that one understands how this is different from bribing judges or being a mafia hitman.