So Gabrielli objected to checks in the house

Franco Gabrielli (Painting)

Published on: 10/15/2020 10:33 AM

It would have been a document signed by the Chief of Police, Franco Gabrielli, to dismantle the unconstitutional requests of the Minister of Health Roberto Speranza and the Minister of Cultural Heritage Dario Franceschini to have check at home to verify meeting limit compliance. To reconstruct the fund there is an article by ‘Il Riformista’ entitled ‘Gabrielli the policeman who saved us from the police’.

” The wonder of certain paradoxes – reads the newspaper -. It was the police and the police ministry that prevented Italy from becoming a police state, where uniformed men can enter private homes at any time to check the number of those who sit around a table or in front of a television to watch a Champions League match. ”

As the newspaper reconstructs, ” Prime Minister Giuseppe Conte is on a mission to Taranto on Monday. In the late afternoon, the heads of delegation and then the government and the regions must meet at Palazzo Chigi to define the steps of the Dpcm. He waited that night. Then they arrive at Palazzo Chigi, on Monday after 6 pm Conte is back from Puglia. He is in a hurry to return because the news reaches him that I Ministers Speranza and Franceschini want to get serious. They really want to include in the Dpcm, which is an administrative act and not a primary law, a form of control of private parties, at home and beyond. The premier hesitates, he knows that he is going to find a casus belli ”.

“And here – as reported by ‘Il Riformista – that Involves Interior Minister Luciana Lamorgese to obtain an opinion that clarifies why this form of control is not possible. More: unconstitutional. It should be noted that up to that moment Lamorgese, minister of the technical interior of a political government, has never been involved in any of the preparatory meetings of the Dpcm called up to that moment ”.

“Prefect Lamorgese, already upset and not since that day by this ‘forgetfulness’ – explains the newspaper – in turn, it involves the Chief of Police, Prefect Franco Gabrielli, for a technical opinion. What produces in an hour a note that sweeps away any doubt about ‘legal issues’ and other practical ones. The latter can be summarized as follows: the police forces, all of them, already have enough to do in the fight against crime, the management of migratory flows and now also the anti-Covid containment regulations, which cannot participate in controls that ‘could arise from informational mechanisms, rivalries and neighborhood disputes”

The note, about a page and a half, is entitled ‘Hypothesis about gatherings destined to take place in places of private residence’, the proof, the newspaper emphasizes, ” of how that hypothesis was on the table until that moment. ” “We refer – we read in the note, according to the newspaper – to the hypothesis that arose in these hours of inserting in the Dpcm provisions destined to allow police personnel access to private places and private homes to verify the possible existence of meetings or gatherings of people beyond the allowed limit. In this regard, it should be noted that the proposed solution does not seem easily feasible in light of article 14 of the Constitution that recognizes the inviolability of private housing. ”

“Between citations and judgments of the Constitutional Court and references to sources of primary law, the Chief of Police demonstrates how it is impossible to prevent private parties – writes the newspaper – Exceptions to Article 14 of the Charter are possible, ‘only in cases and in forms established by law and in compliance with the guarantees ”. The restriction of the law, Searches of individuals are only possible if they are based on primary sources (non-Dpcm laws) and are authorized by the judiciary. Even in the case of “protection of public safety”, the absolute reservation of law and jurisdiction applies. Certainly, to see what happens to individuals, you cannot use the existing rules, those that authorize searches for weapons, explosives and fugitives ”.

On closer inspection, the note reported by ‘Il Riformista’ explains well, “there would be a way to authorize these controls: Parliament should declare a state of war and grant the government the necessary powers to deal with it.” It is a provocation, of course, underlines the newspaper.