The effects of the Ablyazov/ Shalabayeva Case on the future of the Italian Government
The effects of the Ablyazov: Shalabayeva Case on the future of the Italian Government pdf (scarica qui la versione pdf)
As a starting point, the two matters, the Shalabayeva case and the violation of human rights in different Countries in the World, need to be analyzed separately.
In theory, from the deviant behavior point of view, that is from the analysis of those behaviors that are considered as deviant, so usually contrary to the rules applied by society, the behavior of the Republic of Kazakhstan may not result to be criminal. So, considering the geographical, anthropological and historical aspects, the action may be legitimate from the Kazakh point of view.
I believe we need to focus on the events occurred in Italy and, more in general, in Europe where there is no doubt that, both according to substantive law and according to natural law, that is the system of law determined by common sense, the behavior of the Police Authorities and of those who politically led those authorities was absolutely wrongful.
It is for the actions carried out in Italy that also the Kazakh conduct has to be reproached.
With regards to the procedures, the actions carried out by the Italian Police were, in my opinion, not only unusual, but also criminally relevant.
Several violations of the criminal code could be listed out, such as conceptual falsity (meaning that although the document concerned is genuine, its content is not), abuse of authority and, even though a deeper analysis is required, kidnapping.
Moreover, there was a clear violation of regulations of the diplomatic relations, both from the Kazakh representatives and from the Italian authorities, first of all the Ministry of Interior, who should not have received the Kazakh diplomat without the approval of the relevant Ministry, that is the Foreign Ministry.
Such violation could be considered as a serious violation of the diplomatic code and could lead, as I assume the relevant Ministry is preparing to do, to the expulsion from Italy of the Kazakh diplomat, as an unwelcome person.
According to Prefect Pansa’s report, “the Minister could have known”; it is a diplomatic way of saying to acknowledge the obvious. I know Prefect Pansa very well, he was my boss at Special Service State Police and I deeply respect him.
Minister Alfano appointed Procaccini, head of his Cabinet, that is Alfano’s closest collaborator, to receive the Kazakh diplomatic delegation. It is absolutely impossible that Procaccini did not provide a report to Alfano on the meeting, also considering the important information disclosed during the meeting.
The first moves of the Italian government served as stopgap measures: the expulsion order was revoked, that is good, but this will not lead to anything.
Today’s debate in Senate could lead to Alfano’s resignation, which should be a logic action to undertake, hopefully the political resolution will lead to an official protest towards the Kazakh Government, this should include also the Italian Ambassador to be called back for a consult and the replacement request of the current Kazakh diplomatic representative in Rome.
With regards to the operational responsibilities, the operation was inappropriate and lacks experience. When you are planning to catch an international fugitive who could be armed, for professional experience, it is not advisable to irrupt in a house, where there are other people and especially children. In such cases usually, once the fugitive has been identified, you wait to catch the fugitive outside in the street.
Probably it will be the four high level managers of the Police and of the Ministry, some of them are very close to the retirement, who will pay the price of the operation.
This affaire occurred in an unstable political context. In the event Alfano has to resign from his position, the PDL, the Political Party of which Berlusconi is the undoubted leader, would immediately give up support on the current Government, that would then be forced to be dismissed in turn.
Some members of the PDL, Gasparri in particular, continue to claim that Mr Ablyazov is a dangerous fugitive, as if this were some sort of justification.
Even if this was true, it wouldn’t change the facts, mainly because the dispute focuses on Ablyazov’s wife and on their young child.
Lastly, a brief consideration on the Ablyazov’s international arrest warrant. From what I have read it seems that there is an Interpol Notice, there is no international arrest warrant, so, in the event Mr Ablyazov had been found in Italy, he should have been brought to the custody of the Local Authorities. The Local Authorities should have then evaluated the legitimacy of the wanted Notice. However, the Local Authorities could have not allowed extradition, according to international laws and considering that Mr Ablyazov is a political refugee, as stated by the UK.
To close up, a pessimistic remark. It is hard for me to believe that the situation will be solved with a benevolent action by the Kazakh Authorities, that, subsequently to the pressures of the Italian Government, will allow Mrs Shalabayeva and her daughter to return to Italy. This is however the strategy that needs to be applied, without attacking directly Kazakhstan at least in this phase, considering what is currently going on that country. At the moment, we have to demand the Italian and European right to protect all the citizens who are in our territories.