Tuesday, January 31, 2017

Massacre of Viareggio, safety, and cynicism – The Republic

FACTS and the liability established by the judgment of the Court of Lucca, which, after seven years, with twenty-three convictions and ten acquittals spread, renders justice to all thirty-two innocent people burned alive in that Revelation that was the night of the 29th of June 2009 in the railway station of Viareggio, are the mirror of the curse that afflicts the Country. Of the his memory crumbly and bad conscience, of the arrogant cynicism of his manager of the State against which the State waives a civil action, the idiosyncrasy of a culture of “safety” that you declines, first of all, prevention. More, and still: a criminal justice tampered with in the tim e use of those who, before the law, is more equal than others, and by reason of which in the judgment of yesterday’s close, here in a month, the shifting sands of the prescription. For at least two of the offenses charged in the heads of the indictment. The culpable fire and serious injury willful.

one hundred and Forty hearings, the admirable effort of investigation of the Prosecutor of Lucca, the impartiality of the trial judges are able to distinguish between the individual positions of the defendants, have demonstrated, beyond any reasonable doubt, that the massacre of the freight train 50325 Trecate-Gricignano a man’s hand, his “negligence inexcusable”, he had a crucial part. It was “a contributing factor”. Neither more nor less of the “case”, that he wanted to derailment the son of the failure of a bushing controdentata” of the axis of the first of fourteen wagons loaded with liquid gas, and the huge fire that ensued, of the opening to the product in one of the tanks turned on their head by a picket tracking placed along the embankment. That what happened therefore to the 23 and 50 that night, when the air became fire and darkness lit by red, bears the stigmata, and the responsibility of the managers of the companies, that in that tragedy, they had the part. The Italian Railway network (Rfi), the joint-stock company owned 100 percent by the State Railways and responsible for the management and security of the railway infrastructure of our Country. The German “Gatx rail Germany”, the owner of the tanks from 35 thousand liters loaded on the wagons and rented a Fs, and “Jugenthal”, the workshop where it was serviced the wagon which would have surrendered the axis.

Play so intolerable, in a day like this, the words of the lawyer Armando D ‘ Apote, legal, Rfi and Fs, that is, opposite to the simple device for condemnation and acquittal, defines “scandalous the outcome of the process” and denounces the “populism that exudes from the judgment.” And not sure why a judgement should be immune from even the most harsh law of criticism or censorship (more so on the part of those who believe, as in this case, of not having received justice). But for what those words, “exudes”. In that epithet – “populist” – is in fact the mirror of the arrogance with which, from June 2009, the summits of Rfi and Fs – so to speak, and better to Mauro Moretti who was in the time managing director have handled a tragedy that would have required degrees in the tone, level of intellectual honesty in the reconstruction of facts, in respect of a mourning. And that, to the contrary, re main in the archive of the words spoken by the same Moretti. On July 2, 2009, when, as chief executive officer of Fs, had to explain the reasons for which had not been activated, the coverage of the insurance to cope with the reparations for the massacre (“we do Not feel responsible”). And on the 2nd of February of 2010, during a Senate hearing: “please consider that this year, from the point of view of safety, this vicious episode of Viareggio, we have made further improvements. We are the first in Europe”.

Now, in asking for and obtaining the condemnation of Moretti, the Prosecutor of Lucca has censored the profiles of responsibility by observing how, in the “vicious episode”, “as the ceo of Rfi, was required to ensure the safety of movement of trains and, always in the field of Rfi, and has not evaluated the risk inherent in the movement of trains carrying dangerous goods, the possible cutting of the tank against an element rail (the picket), it is estimated that the risk could happen in a station close to the houses, has not evaluated the opportunity of lowering the speed in conjunction with the towns”. He has, in short, is simply stigmatized as in the skills of a manager State the culture and practices of safety as the “prevention of risk” are not optional. And that the “tragedy” cannot and should not become a collateral damage acceptable in reason of the incidence infinitesimal of the railway accident (“We are the first in Europe”).


all of this is elided in the vis appear on the lawyer of Rfi and Fs is understandable. Less than it would be if defy Mauro Moretti. That, notwithstanding the presumption of innocence, should put aside the penal code and reflect from now on the compatibility between the role of manager of the State and the facts established by the Court of Lucca, regardless of the legal assessment has been given. Maybe giving up even the prescription. It would be a sign of discontinuity. The demonstration that political liability and corporate criminal liability respond to the principles and canons different. Castling with which the board of directors of Finmeccanica has last night confirmed indicates that it is highly unlikely that this will happen. Because, in the end, the prescription is just around the corner. And as long as there is prescription there is hope.

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the massacre of viareggio
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