Berlin Regional Court uses a new tool against Clankriminalität


On 7 April 2020, the Berlin Regional Court ordered the confiscation of two properties in Berlin Neukölln, using a new legal instrument. Section 76a of the German Criminal Code allows the confiscation of assets previously seized as a result of certain crimes – even if the proceedings had to be suspended. Mafianeindanke welcomes this ruling and calls on the judiciary to use this instrument more often and in all areas of financial crime.

The two plots pieces of land in Neukölln concerned were provisionally confiscated in 2018. According to the Regional Court, criminals financed bought these properties with unspecified crimes’ profitsproceeds from unspecified crimes.

In its decision of 7 April, the Regional Court made use of the new instrument of independent confiscation pursuant to Section 76a of the German Criminal Code, which came into force in July 2017 in connection with the law reforming the criminal asset seizure. This provision relates to assets that have been seized on suspicion of a criminal act defined in the legislation under § 76a para. 4 of the Criminal Code and, among other things, allows confiscation even if the criminal proceedings had to be suspended. In this case the defendants were accused of money laundering, but a specific offence could not be proven with the necessary certainty.

Mafianeindanke welcomes this ruling. The fight against organised crime, money laundering and other financial crimes can only be successful if funds and assets are confiscated from the criminals. In this way, the judiciary prevents the perpetrators from investing in further crimes, expanding their economic power or keeping the illegally obtained profits safe from the investigating authorities.

However, Mafianeindanke criticizes that this is an isolated case. An effective fight against organized crime requires that the new instrument in the area of white-collar crimemust be used in all federal states for the area of white-collar crime. This requires well-equipped organisational units at the public prosecutor’s offices which only deal with asset confiscation.


In addition, Mafianeindanke is also critical of the reporting by some media, which reduce this instrument specifically to clan crimeClans of Arab origin. What is important, on the other hand, is to finally use the confiscation of illegally obtained assets in every area of financial crime. Especially against white-collar crime. Since the new norm has been in place, major German law firms, whose clients include white-collar criminals in pinstriped suits, have attacked independent confiscation in specialist forums and publications and called it unconstitutional. This interest-based debate also influences the work of those who apply the law in the judiciary. Lawyers allege a violation of the right to property under Article 14 of the German Constitution. However, it is not commercial law firms and their clients who decide on the unconstitutionality of a norm, but the Federal Constitutional Court, which has so far had no reason to make such a decision. Assets which, according to judicial conviction, can only come from illegal sources are of course not protected by the Basic Law.

Information for the press

Contact:

Sandro Mattioli, First Chairman

+49-157 31 79 78 21

www.mafianeindanke.de

Mafianeindanke is a registered non-profit association in which volunteer activists work against the penetration of organized crime into our economy and society, thus working for an open, democratic society with fair opportunities for all.

Filippo Spiezia: ”The European Commission wants to cut Eurojust’s operational budget. It is unacceptable and against the EU values”


The vice-president of Eurojust speaks at the conference ”Mafias: a European Problem”, organised at the European Parliament. Brussels, 5 February 2020.

On the 5th of February 2020 the conference ”Mafias: a European Problem” was held in Brussels at the European Parliament, promoted by the MEP Sabrina Pignedoli which saw, among the speakers, the vice-president of Eurojust Filippo Spiezia. His speech gave to the participants some food for thought that is worth reviewing.

At the beginning, Filippo Spiezia recalled the investigative operation Pollino, also known as “European ‘ndrangheta Connection”, which led to the arrest of 90 people in 2018 and produced one of the most effective judicial responses on a European level against mafia organisations. In particular, he praised the work of his German colleague Uwe Mühlhoff, Duisburg’s Public Prosecutor (here his remarks). Mr. Spiezia spoke about the important professional experience he and Mr Mühlhoff have undertaken together, praising his commitment and courage, which resulted in an operational axis between Italy and Germany of fundamental importance.

The vice-president of Eurojust has presented a preview of data that are the result of the work of the agency for the year 2019, stressing the importance of doing it in the European Parliament, where he can directly address the political power. Spiezia, in fact, argues that it is necessary to find new solutions to fight the mafias in Europe in the context of a renewed strategy. In its analysis a valid starting point remains ”the new EU strategy for the new millennium against organized crime” of May 2000 (C:2000:124:TOC), which presents an extraordinary topicality and effectiveness, as well as some important programmatic points that have not yet been implemented. It is therefore necessary to start again from this document, which contained important milestones in the fight against organised crime, and to evaluate the necessary additions.

But what do we mean when we talk about organised crime and mafia? At the moment, Spiezia specifies, we do not have a legally shared definition of organized crime, nor do we have an internationally valid legal definition of the concept of mafias. It is true, the Palermo Convention of 2000, Art. 2(a) defines the organized criminal group: ‘’structured group of three or more persons, existing for a period of time and acting in concert with the aim of committing one or more serious crimes or offences […] in order to obtain, directly or indirectly, a financial or other material benefit’’. But this is a concept more a matter of doctrine than of legal definition. The mafia-type association, instead, is a crime provided for by the Italian legislator through the Rognoni-La Torre law (art.416-bis of the Penal Code) of 1982 and responds to a precise connotation.

‘’The fact that concerns us is that there is no perfect equivalence between organized crime and mafia crime. The mafia is a form of organized crime, but not all organized crime is mafia”, says Spiezia.

On the practical level, the major difference is given by the stability of the criminal project: the mafias are characterized by their vocation to exercise a form of anti-state within the territories and social communities, due to the force of intimidation (which is a normative parameter of 416-bis). Here lies the root of the problem: the vocation of the mafia organizations to carry out a stable criminal project over time. This has made it possible for the mafia organizations to evolve, starting from their territories of origin, to reach other regions of Italy and abroad.

Spiezia then analyses the Eurojust data and points out that the Agency’s action has increased in recent years. Between 2018 and 2019 Eurojust increased its operations by 17%, providing support in as many as 8000 investigations into transnational crime (2019).

Observing the judicial data of the body, however, it is noted that mafia-type organized crime is not considered in the priority areas of action of the European Union. It is undoubtedly present in the judicial data of Eurojust but is not formally classified among the priority areas because it does not fall within the classification parameters considered in the official documents of the Union. Paradoxically, therefore, the mafia phenomenon is not considered a priority. For what reason?

First of all, there is a problem of classification with regard to the presence of mafia-type organisations outside their territories of origin. The Italian Court of Cassation provides two different frameworks, apparently in contrast. The first orientation requires the ”proof that that organization had the capacity to exercise mafia control over the new territory of development. The other orientation maintains that it is not necessary to prove the projection of mafia intimidation on the new territory if there is the evident connection with the motherland”. To resolve the interpretative conflict, on July 17, 2019, the President of the Supreme Court of Cassation expressed his opinion on the matter, arguing that the problem concerned only the ”proof of the mafia method”. For the newly created mafias, which constitute themselves outside of their original centres, it is necessary that the new cell can manifest itself and express itself as a mafia cell, therefore, the projection of the mafia must be found on the territory. On the contrary, for the aggregates which are the manifestation of cells already existing in the motherland, there is no need to go and prove that on the territory of arrival there is a new mafia cell.

See, for example, Operation Pollino: for the mafiosi who go to Duisburg – or, more generally, for business in Germany and Holland – there is no need to prove that a new mafia cell has formed. It is sufficient to know that the mafia subject active in Duisburg belongs to a mafia-type criminal organization – the ‘ndrangheta – which is already proven to exist in Calabria.

There is, then, a problem of emergence of the phenomenon at a European level. This, according to Spiezia, depends, first, on the approach of the mafia operating abroad. These are always more silent, oriented towards business and the acquisition of markets. They often do not reproduce abroad those forms of intimidation and violence that they use in their original context. They bring, instead, “a more expendable face”. Therefore, it is difficult to perceive them, unless there is a contrast with other criminal groups active on the territory which lead to situations where – see the case of Duisburg – the mafias show their violent face again, because control and hegemony on the territory is once again at stake.

The emergence of the phenomenon, then, is blocked also by the lacks and inhomogeneity of the legal framework at European level. Today, a regulatory framework – the 2008 Council Framework Decision on the fight against organised crime (QD 2008/841/JHA) – is used, which is totally inadequate. It is necessary to have legislation that reflects the business model of these criminal organisations, which reflects how organised criminal groups operate in Europe today. It is essential to consider their transnational character. Today, the magistrate strongly emphasises, there is a need for relevant legislation at European level which takes this transnationality into account and which, on this basis, makes it possible to aggravate the punitive treatment. This is a legal vacuum that needs to be filled, as does the gap concerning collaborators of justice. The Deputy Director of Eurojust points out that often there is recourse to creative solutions because there are not the appropriate instruments to carry out the work effectively. Then there is certainly a need for a European and centralised management body for assets seized and confiscated from mafias. According to EU data, only 1% of the proceeds are taken away from organised crime. If we want to win the fight against the mafias, this is a trend which must be reversed.

The most heated and heartfelt reflection, however, concerns Eurojust’s working conditions. The valuable work of the European Judicial Coordination Agency is under threat due to major budget cuts. In this respect, Mr. Spiezia launches a serious warning to the European institutions: ‘’Beware of undermining the operational capacity of the coordinating body against mafia organisations (Eurojust n.d.r.). We are fighting the problem of the multi-financial framework. Do you know what it is? It is the budget limits that are set to determine the budget allocations for the following years. We have an operational budget for Eurojust which for this year is EUR 41 million. The European Commission proposal for the coming years is EUR 33 million. This means that, according to the European Commission’s forecasts, we now close the gates. This is called the ‘shutdown’ effect, which I cannot accept as a magistrate and as a representative of the institutions. The fact that the representatives of the Commission – who are sitting in the College of Eurojust for the first time – support this proposal is not respectful of the values on which the European institution is founded”.

The Italian magistrate therefore reaffirms the need to strengthen judicial coordination at European level and the action of Eurojust. He criticises the anomalous choices made by the European institutions in the allocation of resources. He takes the example of other law-enforcement agencies that are perhaps disproportionately strengthened, such as Frontex, which will be strengthened by recruiting 10000 people over the next few years, with the aim of creating an operational coastguard and no longer just supporting the Member States. It also highlights the inevitable complexity of the European bureaucratic machine, where there is a problem regarding the transmission of information. As far as Eurojust is concerned, Spiezia recalls that when the EU Justice Commissioner found out about the agency’s difficult economic and financial situation, he did not know what they were talking about. Aware of the facts, instead, it was another section of the EU (DG HOME). The EU therefore needs to review its priorities, eliminating dysfunctions and strengthening its actions. It is not enough to just allocate expertise, it is also necessary to provide adequate support and resources. Therefore – through the introduction of new instruments, the strengthening of operational structures and the revision of the regulatory framework – the fight against mafia-type organised crime must be included among the EU’s priorities in the light of a new strategy.

At the end of the conference, Mr Spiezia expressed the hope that the political authorities present will take on board the needs and requests presented by the rapporteurs in order to promote an initiative that will gather consensus and lead to a proposal for a directive for new European legislation on organised crime. 

Combating Money Laundering at a local level: the example of Amsterdam


On September 6, 2019 we participated in the conference on money laundering organized by ”Die Linke” at the Bundestag. On this occasion, the speech of Bas ter Luun, Senior Advisor of the Department of Public Order and Safety at the City of Amsterdam, was very interesting.

The Dutch capital – explained ter Luun during his presentation – is a nerve center of illicit drug trafficking. The consumption is also very high in the city, it is estimated that in 2018 was consumed cocaine worth millions of dollars. Drug traffickers can rely on a network of corrupt brokers to help them locate secure apartments and places where they can carry out their trafficking undisturbed.

In addition, a main concern is money laundering, particularly in the real estate sector. In Amsterdam, the proceeds of illicit trafficking are invested in properties, for example in sectors as catering and restaurants, tourism and other attractions that the city offers. Luxury goods are also a popular target for organised crime in the Netherlands.

In this regard, the city administration takes initiatives and measures to combat money laundering. Firstly, it is essential to study the phenomenon in depth. For this purpose, the city of Amsterdam uses cross-referencing data on income and ownership. The combination of fiscal and housing data is then processed. This information allows us to obtain statistical data and analyse the results to see where the accounts do not add up. There may be cases and areas of interest where income data does not match linearly with ownership data. It is in these cases, therefore, that a wake-up call is triggered, and a more in-depth analysis is carried out.

The operational phase, then, involves the screening of subsidies, permits and local real estate transactions. The approach that is carried out is multi-agency, as more actors are involved (Police, tax and customs administration, legal bodies). It is necessary in this phase to establish a fruitful collaboration between the public and private sectors in the contrast of money laundering and housing fraud.

But what can other cities do to face similar problems, become resilient and follow the example of Amsterdam? First, explains ter Luun, it is necessary to raise awareness and create structures of contrast within the public administration. Then you must work together with stakeholders within society. Moreover, the sharing of information and intelligence between the different law enforcement agencies is fundamental. Finally, it is necessary to cooperate with the other European cities to contrast the money laundering.

Ter Luum’s speech was received with great curiosity and in the margins of the conference he granted us a brief interview.

For us was quite new to hear that a city engages someone responsible for money loundering. How did that happen in Amsterdam?

”It all started in the 90s. There was a parliamentary inquiry and part of it was an investigation in the city centre conducted by criminologists. The conclusions showed that many real estates but also other economic sectors like prostitution and coffee shops were owned by organized crime. In addition, the city itself somehow facilitated all that since permits and licences were granted quite easily. That led to the decision by the city administration in the mid ‘90s to invest in qualified personnel to combat money loundering.’’

Is that a common model for the Netherlands or it is limited only to Amsterdam?

‘’It started in Amsterdam, but soon other cities throughout the country followed the model. On a national level there’s a structure that facilitates the cooperation between different government agencies and that strengthen local authorities and mayors to combat organized crime.’’

Are you also working together and cooperating with police forces?

‘’Yes, we exchange information with them. It happens for a screening of applicants for permits, for example. But we also cooperate in the enforcement of the rules. For instance: in the hospitality industry, coffee shops, bars, there are certain rules enforced by the municipality. In these places there could be a commission of crimes. In some cases, the enforcement of the local government and the police work together to conduct the inspections.’’

The Netherlands have a quite liberal drug policy. Is that interfering somehow with money laundering? In a positive or negative way?

‘’Because of the coffee shop system – where you can sell marijuana – a large industry, which is not regulated, could grow. This industry has a lot of proceeds, makes a lot of money and this money must be invested somewhere.’’

Was it complicated to get an overview of money laundering activities in your town?

‘’I don’t think we have the overview yet. It’s really complicated.’’

Are you also lobbying on national policy makers or is this not part of your job?

It can be part of my job to lobby on national policy makers. For example, when we realize that a certain power or instrument doesn’t work well, we need the legislation to be changed. Hence, we show by cases what has to be done.

Do you have also civil society organizations like ours active in that field in Amsterdam?

‘’Not enough in the field of money loundering. From the outcomes of this conference I observed that is something we need also in our country. Anyhow, in the field of human trafficking and prostitution there is cooperation between the NGO’s and the local government.’’

Could you tell us more about the powers of the Dutch mayors and of the local administrations in the Netherlands? Are there in Germany comparable models of tackling money laundering on the municipal level?

‘’The Dutch mayors are responsible for public order and safety. They have the executive power to close houses or to fill restraining orders. That could be maybe comparable to what happens in Germany. What is peculiar of the Dutch mayors and does not apply to Germany or other countries are the screening instruments they have. A mayor can obtain information from the police, from the tax service and then use these instruments.’’

And of course, one question of interest: what are the prevalent organized crime groups in Amsterdam?

The motorcycle gangs are still there. They do not have a top house in the city anymore, since we managed to get rid of it, but they return occasionally on their vehicles. We see also Albanian networks, in relation to drug trafficking. There are also the old Dutch networks which were quite big at the beginning of this millennium. We see also the networks composed by second and third generation of immigrants who now took over all the positions in the drug trafficking. These are the groups, but the situation it’s more fluid.

And what about the Italian organized crime?

”It is present also in Amsterdam. There are some reports about the presence of ‘ndrangheta clans in the Netherlands.”

Mafia kills


Some time ago, a message sent by McDonald’s to its customers in Austria caused a sensation: “Hey Mafioso, try our new Bacon della Casa now! Bella Italia”. The American company justified itself by saying that the use of the word mafioso was a mistake. However, the billboards hanging in Vienna included the following sentence: “Für echte Mampfiosi” (“For the real Mampfiosi”) to advertise a new Mediterranean-style sandwich. The sentence is based on a play on words between the verb mampfen (gorging) and the term mafiosi. Leaving aside the weak justifications and the political propaganda that has been generated around this event, the word mafia and the status of mafioso are again used abroad with a sort of boast.

As said, it is not the first and will certainly not be the last example of this type, last year the eyes of the public opinion were focused on the Spanish restaurant chain “La Mafia se siente a la mesa” (“The Mafia sits at the table”), present in Spain with over 40 venues and which uses the brand “mafia” in their corporate identity. The European Union Court, following a formal request for cancellation of the trademark by Italy, declared that the name of the chain could not be registered with the European Union Intellectual Property Office (EUIPO) with the following grounds: “The verbal element ‘the mafia’ dominates the Spanish company’s trademark and is globally understood as referring to a criminal organisation which, in particular, has resorted to intimidation, physical violence and murder in order to carry out its activities, which include illicit trafficking in drugs and arms, money laundering and corruption”. Furthermore, “such criminal activities violate the very values on which the Union is founded, in particular the values of respect for human dignity and freedom, which are indivisible and constitute the spiritual and moral heritage of the Union. Moreover, in view of their transnational dimension, the criminal activities of the mafia pose a serious threat to the security of the Union as a whole”.

Also here in Berlin, we unfortunately have examples of this type, in which the word mafia is not only used in a positive way, but the very structure of the criminal organisation is brought to be a founding element of who uses it. This is the example of the theatre-group Mafia Penguins, which describes its team as “La Familia”. Or the German school Sprachmafia, which offers language courses in the Neukölln district.

This is no longer acceptable. And not just out of national pride, but out of respect. Respect for those 1011 innocent victims of the mafias who have been killed by gunfire, bombs, terrorist attacks, for those who, in Italy and abroad, have fought and are fighting the mafia with all their strength, by doing their job. Today, mafia, organised crime, corruption, money laundering, are problems that affect all countries, mafia has become global, and it is time that even the feeling of the population and the efforts of countries go in a common direction to battle these phenomena that are no longer all Italian.

Because yes, the mafia kills, does not sit at the table, and the word mafia is stained by the blood of innocent victims and cannot be used for futile business reasons.

Sicily: the land of Antimafia


NO MAFIA MEMORIAL

Since the murder of Peppino Impastato occurred on May 9, 1978 – known by the movie-public thanks to “I Cento Passi” movie – not only his mother, but also his friends Umberto Santino and Anna Puglisi have been tirelessly searching for justice and documenting the mafia. The Centro di Documentazione Giuseppe Impastato in Cinisi, founded in 1977, has been collecting material on the history of the Mafia and the anti-Mafia movement ever since.

Now the Centro has opened a museum in the heart of Palermo, in the Historical Palace of Gulì, donated by the city of Palermo. The new “No-Mafia-Memorial” hosts three permanent and one temporary exhibition and it is intended not only to give multi-media access to the topic, but also to be a place for exchange – and I can confirm, it is! To my surprise, both Umberto Santino – who is the author of many books on the Mafia – and Anna Puglisi (author of the book “Donne, Mafia e Anti-Mafia“) were there and we immediately entered into an animated conversation about the court trials, false witnesses and the Mafia in Germany.

The visit of the Museum is free of charge and in this place, like at mafianeindanke, you can see how much commitment, heart and soul it takes to do a good job with little money, based only on donations and voluntary support! Thank you, Umberto Santino, Anna Puglisi e Ario Mendiola (Art Director of the Museum), keep it going! Also mafianeindanke is working on the concept for a documentation center or better said, for an observatory on organized crime in Germany and we are looking for donors.

MONUMENTO ALLE VITTIME DELLA STRAGE DI CAPACI

We were with friends by the sea, right in front of the “Isola delle Femmine” – less than 300 meters away from the place where the Mafia carried out a serious assassination on May 23, 1992, known as the Massacre of Capaci (“Strage di Capaci”), in which the judge Giovanni Falcone, his wife Francesca Morvillo and three police escort agents, Vito Schifani, Rocco Dicillo and Antonio Montinaro, were murdered and 23 people injured. Today, right next to the motorway that connects Palermo to the airport and Trapani, there is a garden dedicated to the memory of the victims of the Mafia. There, next to a high stele, old and young olive trees grow, and each tree is dedicated to a victim of the Mafia attacks. A forest of olive trees.

There we met a man who removed garbage. A volunteer, a visitor from Rome, who was also on holiday in Sicily. We took the son of our friends there with us, an 11-year-old Italian-German from Berlin. He knows about the terroristic attack and he knows the details as every Italian does: the Strage di Capaci has a similar weight for Italians as the attack on the Twin Towers in the USA has. Everyone knows where he was in that special moment. And since then, everything has changed. Almost all today’s anti-mafia initiatives in Italy have their origin or their founding motivation from that very summer of 1992. It is always important to remember, even as a German, how many innocent victims of the mafia there are. Not only in Italy but also in Malta, Slovakia and Germany, it is too easy to think that all the people murdered by the mafia are Mafiosi killed in some mafia wars. But that is wrong. Behind every Mafia Euro laundered in Germany there are innocent victims.

ADDIOPIZZO

Mafianeindanke’s partner Addiopizzo was born 15 years ago, and the founders joined the growing anti-mafia-movement after the Strage di Capaci and the Strage di Via d’Amelio, which took place less than 6 weeks later and in which the judge Paolo Borsellino was murdered. When those youngsters wrote their business plan for the opening of a restaurant, they were reminded by their advisor that a certain percentage of money had to be planned for the “Pizzo” – an injustice that they couldn’t bear! So shameful that the founders decided to surprise the whole city of Palermo with a nightly action, putting stickers in mourning announcements that said: “An entire community who pays the Pizzo is a community without dignity”.

The Palermitans felt insulted and outraged by that message, the press got excited and hectic, searching for the authors of the sticker. After the founders of Addiopizzo declared publicly their intention of creating a network of commercial activities not paying the Pizzo, they started first collecting thousands of signatures from citizens who agreed to shop in places that explicitly didn’t pay the Pizzo, to eat in pizzerias and restaurants that went against the mafia. Only after having collected the signatures of several thousand potential customers they went to restaurant owners and other business holders with this list to get their approval to found an association of commercial activities that refused to pay. Even today, 15 years and 10,000 members later, Addiopizzo organizes an annual fair where suppliers and customers can get to know each other directly. In the meantime, the Comitato has also founded a travel agency, Addiopizzotravel, which offers free travel through the beautiful Sicily, as well as half-day anti-mafia tours, which can be booked directly, but also through various portals.

Mafianeindanke is often asked, what can a German do against the Mafia? Well, for example, to take part in these kind of travels to Sicily and support all those who said no to the mafia. By the way; there are still places available for the trip to Sicily with addiopizzo in October.

A journey “on the road”: Messina, between social anti-mafia and the desire for redemption.


Going back to Sicily always has a bittersweet taste, it gives you the feeling of being in a place where time has stopped, but underneath everything moves very quickly. This year I took part in one of the many summer camps that Libera, the organisation against Mafias, arranges throughout Italy in the assets confiscated from organized crime. I was in Messina in the seized property of Via Roosevelt, the current seat of the city committee of Addiopizzo. An atypical, wandering camp, which has tried to touch the various facets of the city, listening to the voices and testimonies of those who narrate the city every day, live it and try to make it more just.

What a better way to get to know it than by walking through its streets, admiring its beauties and listening to its history and, unavoidably, the Mafia networks that have taken place over the years. It was Nuccio Anselmo, journalist of the Gazzetta del Sud, who acted as Cicero telling us the relevant events that happened in the city giving us a fundamental overview useful to let us continue our journey in discovering the city. It was then the turn of knowing with our own hands what counter-actions are carried out in Messina thanks to the meeting with the Deputy Attorney Vito Di Giorgio who, since 1999, has been following the investigations in the city, crossroads of countless interests that are linked to a strong occult power and drug trafficking.

The city of Messina is divided into zones of influence, which are very often equal to the districts themselves, each governed by a Mafia clan that imposes its own power. Messina, however, has never been a keystone within the criminal organization of the island, the preponderant role related to the families of Palermo and Corleone has always been the one held by Barcellona Pozzo di Gotto, a town of about 50,000 inhabitants in the north coast of Sicily. The Barcellona family has always had a greater influence on the province of Messina also thanks to its internal vertical organization, similar to the one of Cosa Nostra in Palermo. According to Di Giorgio’s experience, it is an entrepreneurial Mafia that has constantly inserted itself within the legal economy, controlling most of the companies involved in the great public works and succeeding in imposing its own power thanks to violence and through many Mafia related murders, about 280, occurring for two fundamental reasons: the need of an internal cleaning and the elimination of subjects that bothered the criminal organization.

The Messina’s area has always been confronted with the plague of “Pizzo”, a widespread extortion method throughout the province, which, according to a study by the Chinnici Foundation, is the most expensive of all Sicily. The “Pizzo” is asked by Mafiosi for two main reasons: first, for economic reasons and the need of money that can be used immediately on various fronts, such as the maintenance of affiliates in prison and their families, there is also the purpose to assert their power in the region, this also generates a mechanism of fear that, combined with the little protection guaranteed by the Government, means that only a few people press charge and prefer to pay rather than risk. It is here that Di Giorgio stresses how fundamental it is that condemnations increase, but this can only be possible by having a higher level of trust in the institutions, this depends largely on the actions of the “legal operators” (ed. Legal attorneys, politicians, magistrates, men of the institutions).  A fundamental and very effective instrument to defeat the Mafias and drastically reduce their power is that of striking their patrimony: the instrument of the seizure and confiscation of the goods and properties, which becomes mortal for a mafioso, is therefore fundamental.

In this overview Libera and Addiopizzo put themselves in and try to bring to the city a participated fight against Mafias, a social anti-mafia that is not limited to the fight against organized crime, but that conveys values and choices that are totally different from the mafia mentality. This is the case of the campaign of “recruitment” of Pizzo-free business owners: create a network of merchants who oppose to the payment of the “Pizzo” to whom they give moral and legal support. Therefore, to create a clean and functioning alternative to the mafia one.

To make our contribution concrete, we have created flyers to distribute to business owners and customers to sponsor critical consumption, i.e. the purchase of products from shops that decide not to pay the “Pizzo”. Another testimony of social anti-mafia was brought to us by Angelo Cavallaro, school manager of IC Catalfamo and Salvatore Rizzo of Ecosmed, who told us how they are trying to change the city starting from projects in schools and, at an urban level, with the assignment of houses to families in precarious situations with the “Capacity Project”. Another practical example that we touched on was that of Gigliopoli, an association that organizes summer camps for children and welcoming projects, a unique reality that makes inclusion and legality its focal point, with the president of the association, Vincenzo Scaffidi, we talked about ethical and critical consumption, self-production, education and inclusion, many issues that fit perfectly within this vision.

One of Libera’s pillars is that of memory: a living and constant memory made by stories and faces of people that were killed by Mafias and can be an inspiration and an example. There were two moments dedicated to this during the camp: the first in memory of Giorgio Ambrosoli, a lawyer from Milan killed forty years ago, the second was the story of Domenico Nicolò Pandolfo, Head Physician at the reunited hospitals of Reggio Calabria, brutally killed on the 20th March 1993, he only had one fault: he was not able to save the daughter of the boss Cosimo Cordì affected by brain cancer. What increased the emotion of the moment was the fact that this story was told to us by Marco Pandolfo, son of Domenico, that during the week we had known only as a cook and travel companion and gifted us with the story of a good father.

Estate Liberi means all this and much more: it means living with people from all over Italy, with different stories and paths that merge in a week of commitment, study and improvement. It means finding an alternative to the distorted vision that the mafias impose on us, it means finding the beauty where it is complicated to see it, it means digging deep. A both physical and inner journey.

mafianeindanke in the European Parliament


It was almost 12 years ago, when the first mafianeindanke activists in Berlin laid the foundations of our association. The situation back then was very complicated. There had been 6 mafia-members shot in front of a pizzeria in the city of Duisburg. And in Berlin, shortly after, more than 50 restaurant owners got a letter asking for protection money and some got their cars and restaurants set afire in the city. There was a lot to be worried about.
We stood united and, cooperating with the police, we managed to get the criminals arrested.
We were dreaming of waking up Germany.
Today, after 12 years, there are evidence showing that we didn’t make that dream come true (yet). Germany, in fact, scores an unbelievable 7th position in the world Financial Secrecy Index and it is a paradise for money launderers and their dirty capitals.
But our steady commitment brought also encouraging results. Our work was also facilitated by the inputs coming from the EU. For example, 5 years ago, thanks to an international European-funded research project, we organised a conference in Berlin for the promotion of confiscation measures in Europe
(maybe you, dear mister Tinè, might remember it).
Two years ago the new confiscation law – fostered by the EU-Directive – was presented by the German interior minister at another conference we organised – and last year we proudly witnessed a public prosecutor in Berlin fighting for the confiscation of criminal assets – seizing 77 properties and strongly promoting the new law. And she was our guest 5 years ago. You see, working together is key for success.
But what else does civil society need to be more effective in this fight?
Money, of course ?
We need to better know and study the phenomena of organised crime and mafias because we observe a dramatic lack of knowledge and awareness at all levels. In order to improve the production and dissemination of information, we would like to implement a European network of observatories, with the task of monitoring and studying the local and international criminal dynamics. These observatories would the place to develop and exchange new best practices. Criminal phenomena are in continuous transformation, adapting themselves to the evolving societies. Therefore, also the contrasting tools and methods have to be adjusted and new ones have to be conceived. For example, we are currently conducting in Berlin a feasibility analysis for supporting people in the dissociation from their criminal background.
In order to improve the effectiveness, we also need – as underlined by my CHANCE fellows – the harmonisation of the national laws in many areas.
We would like to point out for example the problems related to the lack of international coordination in the protection of witnesses and whistle blowers with a simple story:
in Germany lives an Italian woman, who through family relations got involved in the international traffics of an Italian-mafia network. When she realised that this business would put in danger herself and her kids, she decided to become a witness and spoke with the German police. Her declarations became key accusations in an Italian investigation, which led to one of the main recent operations against Italian mafia in Europe and to the arrest of dozens relevant members of mafia families. Despite this, she was not accepted in the German protection program. From a German point of view, the disclosed information was not sufficiently relevant – as there is no law punishing the belonging to a mafia group in Germany. This illustrative case shows how important is the European homogenisation of the protection programs for witnesses. It would also be essential to create mechanisms for the acquisition and exchange of information coming from witnesses, whistle blowers and informants, who often have a key role in unveiling organised crime and mafia structures.
In conclusion, I must say that I am very proud and thankful for the path we have built together with the CHANCE network. We believe that the variety of problems and the different contributions today highlighted that organised crime and mafias are phenomena affecting society as a whole.
We believe that the engagement of civil society has to play a key role.
It is a European problem, we need a European action and reaction.
I am sure that next time we will meet here we will be more – more people, more organisations, from all over Europe – with more tools and new methods.
Thank you very much.

M100 prize goes to an italian journalist and writer, Roberto Saviano


15 September 2016 M100 Sanssouci Colloquium took place. It is a conference that is held every year starting from 2005 in Potsdam in the Sanssouci Park. The idea of this event is to get together the most influential journalists, commentators, media owners and public key figures in order to discuss the role and the influence of media on the international market as well as to promote democracy and the freedom of speech.

In the end of the evening, the participants took part in the M100 gala. It is also then, when the individuals who have left a mark on the world are being awarded with M100 prize. This year the award went to Roberto Saviano, the author of the famous „Gomorrah” novel. The book has been translated into 51 languages, a movie and TV series have been filmed based on Roberto Saviano’s novel. The author wrote more books on the topic of mafia: „The Ring: & The Opposite of Death”, „Zero Zero Zero. How Cocaine dominates the world” to name but a few.

Open call for two volunteers (EVS) to join MND, starting January 2017


Call for applicants: two EVS (European Voluntary Service) positions with mafianeindanke e.V. in Berlin. The volunteering period will start in January 2017 and will last 12 months.

Conditions:

Applicants must be 17 to 30 years old and hold a citizenship of a country participating to the Erasmus + programme. The economic conditions are established by the Commission and include the refund of the return ticket (with a kilometric lump sum), food and accommodation, health care insurance, public transport, online language course and a monthly pocket money of 110 euros.

OLAF to close record numbers of investigations in 2015


In 2015 the European Anti-Fraud Office (OLAF) closed 304 investigations, issued 364 recommendations to the Member States and EU authorities and opened 219 new investigations. The growth of efficiency is due to the 2012 OLAF reorganization, which turned out beneficial – in 4 years the office has reduced the number of long-lasting investigations by half.  What is worth noticing is that not only Europe-based investigations were handled by OLAF (as examples: fraud investigation in an ecological project in Africa or evasion of anti-dumping duties in Japan and Malaysia).