Mafia, prorogato 41 bis per Provenzano: “È ancora pericoloso”
Bernardo Provenzano resta al 41 bis, niente sconti per l’anziano boss di Corleone che da quasi due anni è ricoverato nel reparto detenuti dell’ospedale San Paolo di Milano, in stato quasi vegetativo.
Lo ha deciso il ministro della Giustizia Andrea Orlando che ha firmato, come apprende l’Adnkronos, il rinnovo del carcere duro per il capomafia, a dieci anni esatti dal suo arresto, avvenuto l’11 aprile del 2006, in una masseria del corleonese.
Secondo il Guardasigilli “non è venuta meno la capacità di Provenzano di mantenere contatti con esponenti tuttora liberi dell’organizzazione criminale di appartenenze, anche in ragione della sua particolare concreta pericolosità”. Anche se in tre diversi processi la sua posizione è stata stralciata e la sua posizione da imputato è stata sospesa proprio per le sue gravi condizioni di salute. Tra questi c’è il processo sulla trattativa tra Stato e mafia.
A dare parere negativo sulla proroga del carcere duro sono state, ancora una volta, le Procure di Caltanissetta e di Firenze, mentre per la prima volta, la Dda di Palermo, diretta da Francesco Lo Voi, ha dato parere positivo per la proroga del regime del 41 bis nei confronti di Provenzano. Secondo la Dda di Caltanissetta, come si legge nella relazione del ministro della Giustizia, il boss non dovrebbe continuare a stare al 41 bis per “le particolari condizioni di salute in cui versa”. La Dda di Firenze “pone alla base il fatto che non sono in corso indagini, nell’ambito del territorio di sua competenza, che riguardano direttamente o indirettamente Provenzano, o il contesto criminale a lui riferibile”.
Invece, la Dda di Palermo, a differenze delle altre due Procure, di Caltanissetta e Firenze, “ha affermato che – si legge nella relazione – per una migliore valutazione della necessità del rinnovo del regime detentivo speciale nei confronti di Provenzano, occorre delineare la sua figura e il suo ruolo nell’associazione mafiosa Cosa nostra”.
Per il procuratore Lo Voi “il detenuto in questione, grazie ai diffusi appoggi della consorteria mafiosa siciliana è riuscito ad assicurarsi lo stato di latitanza per oltre 40 anni, sino all’11 aprile 2006”. E ricorda che dopo l’arresto del boss Totò Riina “Provenzano ha assunto una incontestata posizione verticistica rimanendo per diversi anni l’incontrastato capo dell’associazione mafiosa nel suo insieme, non di uno o l’altro mandamento”.
Ecco perché la Dda ritiene che “esista il pericolo per l’ordine e la sicurezza pubblica derivante da vincoli con la criminalità organizzata e dalla capacità del detenuto di mantenere contatti con essa”. Parole non condivise dal legale di Provenzano, l’avvocato Rosalba Di Gregorio che continua a ripetere: “Provenzano è un vegetale, non parla, non mangia, non capisce, viene alimentato artificialmente con un sondino che finisce direttamente nell’intestino, visto che lo stomaco è necrotizzato”, dice all’Adnkronos. “Come dovrebbe gestire in queste condizioni l’organizzazione mafiosa? – dice – Non riesce a parlare neppure con i suoi familiari. Non li riconosce più. E’ un vegetale, lo ribadisco”.
Un altro parere positivo per la proroga del 41 bis per Provenzano arriva dalla Direzione nazionale antimafia, diretta da Franco Roberti. Secondo la Dna “in nessun modo la modifica del regime del 41 bis può incidere sulle condizioni di salute di Provenzano”. Anzi. “Nel vigente regime detentivo egli ben possa usufruire di tutte le cure necessarie”. Secondo il ministro della Giustizia dalle “informazioni ricevute dalle autorità giudiziarie e dagli organi investigativi” emerge “l’elevata pericolosità del soggetto e del gruppo criminale di appartenenza”.
Già nei mesi scorsi la Corte di Cassazione aveva confermato, dopo l’ennesimo ricorso della difesa di Provenzano, il carcere duro per il boss mafioso. Nonostante le patologie di cui soffre l’ex capo di Cosa Nostra – condannato all’ergastolo – siano “plurime e gravi di tipo invalidante”. La stessa Cassazione aveva rilevato il decadimento cognitivo, i problemi dei movimenti involontari, l’ipertensione arteriosa, un’infezione cronica del fegato, oltre alle conseguenze degli interventi subiti da Provenzano per lo svuotamento di un ematoma da trauma cranico, per l’asportazione della tiroide e per il tumore alla prostata. La Cassazione aveva trovato corretto il verdetto di merito dato che Provenzano “risponde alle terapie”.
Questo significa che il “peculiare regime” detentivo è compatibile “con le pur gravi condizioni di salute accertate” e poi – aggiunge la Suprema Corte – c’è il “rischio per la stessa possibilità di sopravvivenza del detenuto” se “la prosecuzione della sua degenza” avvenisse “nel meno rigoroso regime della detenzione domiciliare”, sempre in ospedale, perché avverrebbe “in un contesto di promiscuità in cui l’assistenza sanitaria non gli potrebbe essere assicurata con altrettanta efficacia”.
Per questo i supremi giudici – con la sentenza 38813 depositata dalla Prima sezione penale – avevano ritenuto corretta la decisione del Tribunale di sorveglianza “fondamentalmente incentrata sulla necessità di tutelare in modo adeguato il diritto alla salute del detenuto”. In pratica, l’applicazione del 41 bis per Provenzano non appare più motivata in considerazione della sua pericolosità, né del rischio che possa mandare “messaggi” all’esterno.
Tutto questo avviene esattamente a dieci anni di distanza dall’arresto di Bernardo Provenzano, arrivato dopo una latitanza quarantennale. “La cattura di Provenzano è una vittoria di tutte le Istituzioni, frutto di un impegno dello Sco, della Polizia di Stato e della squadra mobile di Palermo. Un successo di eccezionale importanza, perché viene assicurato alla giustizia l’attuale capo di Cosa Nostra, già condannato per le stragi più efferate. E’ la fine di una latitanza durata troppo a lungo”, aveva detto l’allora procuratore aggiunto della Dda di Palermo, Giuseppe Pignatone, oggi a capo della Dda di Roma.
Ad arrestarlo erano stati gli investigatori dello Servizio centrale operativo e della squadra mobile di Palermo che per anni avevano tenuto sotto controllo tutti i movimenti compresi quelli dei pizzini e dei pacchi inviati per mezzo di una serie di persone che facevano la staffetta per consegnarli. L’ultimo pacco, con gli indumenti puliti, era stato inviato la mattina dell’11 aprile 2006 dalla moglie a Provenzano. “Abbiamo visto una porta aprirsi e un braccio allungarsi per prendere il pacco – raccontavano gli investigatori – e questo ci ha dato la conferma che l’imprendibile capo della mafia era lì e siamo intervenuti”. Nel casolare furono trovati numerosi “pizzini” e la macchina usata per scriverli. Oggi, a distanza di dieci anni, Provenzano viene nutrito artificialmente nel reparto detenuti dell’ospedale San Polo di Milano.
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