Mafia killers walk free in Italy

The criminals were discharged from prisons in the southwest region of Apulia on Tuesday morning because the terms of their pre-trial custody had expired. Four of them are accused of having committed two murders each.

All 10 stand accused of Mafia association in running local drug and prostitution rings. They were arrested in 1997 and were still being tried in court. Their gang has committed around 30 murders in the area.

The controversial release outraged Italians as it came on the heels of the murder last week of a two-year-old girl by Mafia hitmen near Naples. The gunmen should have been in custody for the killing of a five-year-old child five years ago but had been released because the terms of their pre-trial custody had also expired.

Critics say Italy provides too many rights to defendants. Some experts argue that one of the problems might be that politicians passed what are viewed as lax regulations during the "Clean Hands" investigation into political bribery and corruption of the past decade.

Under Italian law, pre-trial custody can last up to 18 months for each trial and imprisonment cannot be enforced until a definite sentence by the Court of Cassation - the fourth and final step in criminal trials - is issued. On Wednesday, Italian Justice Ministry officials were studying several measures aimed at avoiding such releases in the future.

"Those convicted and those on trial have rights," Justice Minister Piero Fassino said, "but our first priority is to guarantee the most important right that all Italians should have, personal safety."

Measures expected to be debated by Italy's cabinet this week include the introduction of house arrests after pre-trial custody terms have expired and an increase in such terms. Both measures, however, are set to face strong criticisms.

According to Michele Emiliano, an anti-Mafia magistrate who operates in Apulia, keeping Mafia bosses under house arrest would pose huge logistic problems, with the state having to organise police escorts every time Mafiosi have to appear in court.

"We might as well give them an office and a holiday home," he said. Extending pre-trial custody terms is also set to attract criticisms from human rights associations and would not solve the underlying problem. The European Court for Human Rights has repeatedly blasted Italy for the sluggish pace of its justice system.

"I have been to Strasbourg to ask what is wrong with our system and the answer was made clear: Italy offers too many rights to defendants," said Armando Spataro, a former anti-Mafia prosecutor in Milan who is now a member of the judiciary's self-regulating body.

"I would not want to be in Fassino's shoes," said Emiliano. "At this stage, all we can hope for is a radical overhaul of our justice system," was his suggestion.

(la/dpa)