Page 151 - Supplemento 2-2016 (ENG)

Tackling Environmental Crime throUgh standardized Methodologies

Legambinete’s request to join a civil claim in the criminal proceeding in
Palermo Court was rejected, as it was stated that the issue had no connection
with that category of trial. This was the sign that, even at the high level of
Institutions, the environmental awareness was not present yet.

I also remember a funny situation: when the name Legambiente was pro-
nounced during a trial, one of the mafia men kept in the tribunal cell said:
“They don’t even allow us to smoke”. This was their idea of Legambiente.

That is where we started and it was hard: I am not going to remember, too
easy in this place and circumstance, all the people who died in this fight. They were
members of the Police Forces, of the territory and of the administrations who
fought this phenomenon, and some of them were also my personal friends.
However, we achieved this result: we added the “ecocrimes” to the Criminal Law.
A law which was passed thanks to a joint effort in the Parliament, together with col-
leagues of other political parties, such as Mr Salvatore Micillo and Ms Serena
Pellegrino. The provision was voted by a broad majority. That was an important tur-
ning point in the safeguard of the environment and of the territory. There is a very
effective sentence pronounced by a State Forestry Department Officer during one
of those meetings Legambiente is currently organising around Italy: “Initially we
used to write these investigations with a pencil now we use a fountain pen!”

This year we celebrate the fortieth anniversary of Seveso disaster. I would like
to remind you that such tragedies as the one in Seveso, or in Casale Monferrato with
the asbestos, the Bussi landfill, or the so called “Terra dei fuochi” (an area between
Naples and Caserta, Campania region) previous to this law were tackled with alleged
crimes of “disastro innominato” (Unnamed disaster) or as “getto pericoloso di
cose” (dangerous disposal of material). The terminology itself proved that they were
not aware of what they were referring to, since that action – the different forms of
pollution – had not been thematised or defined from a legal point of view.
“Ecocrimes”also include “environmental disaster”; “environmental pollution”; “illi-
cit trafficking and dumping of radioactive waste”; “obstructing controls”. All these
are aggravated if the offence is committed by groups, politicians or public officers.

Now this transition has taken place and, of course, we need to make sure that
regulations will be implemented, and the training of professionals increased. In addi-
tion, we must verify whether something can still be improved and understand which

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