The Salvini Security Decree: The Italian State Tightens its Stranglehold in the Face of Social Crisis

The “Decree on Security” was approved in the Italian Chamber of Deputies on September 18th, and has landed in the Senate for approval.

The measure introduces some 30 amendments to the Criminal Code. It creates 20 new crimes, extends penalties and aggravating factors, and, in some cases, expands the penalties for existing crimes.

Inside CPRs (detention centers for migrants who have arrived in Italy), prison sentences will be increased for those involved in protests and riots. Due to the degrading living conditions of these places, they are often the focus of protests. In fact, in recent months some of these facilities have been placed under investigation by the judiciary for abuse, mismanagement and inhumane conditions. The law, which even includes a ban on cell phones for irregular migrants (to keep incidents of violence and abuse under wraps) states: 

“Whoever, through acts of violence or threats or through acts of resistance, including passive resistance to the execution of orders given, carried out by three or more persons united, promotes, organizes or directs a riot shall be punished by imprisonment from one to six years. For the mere act of participating in the riot, the punishment shall be imprisonment from one to four years. If the act is committed with the use of weapons, the punishment shall be imprisonment from two to eight years. If in the riot someone is killed or suffers serious or very serious bodily injury, the punishment shall be imprisonment from ten to twenty years.“ 

In addition, the new law introduces the new crime of “riot within a penitentiary institution.” It says that “anyone who participates in a riot within a penitentiary institution through acts of violence, threat, or resistance to the execution of orders given, committed by three or more persons united, shall be punished by imprisonment from one to five years.” These punishable “acts of resistance” also include any passive resistance that obstructs the maintenance of order within the prison, or the implementation of official acts. As in the CPRs, the punishment is up to 20 years if the protest turns violent and someone is injured or killed. 

Another part of the bill is the introduction of the crime of “arbitrary occupation of property intended as someone else’s domicile.” This provision imposes a prison sentence of two to seven years for anyone who occupies a residence belonging to someone else using violence or threats.

Next, the law introduces a new crime for blockading the roads and railways, which is now a criminal offense, rather than an administrative penalty. This law punishes anyone who “prevents the free movement on an ordinary road or railroad by obstructing it with his own body.” The penalty is significantly increased if the act is committed by more than one person, demonstrating—as if it still needed to be proven—that the law is really aiming to attack collective mobilizations. 

In particular, the law will sanction any blockades of goods undertaken at large warehouses, actions which have been repeatedly taken during logistics strikes. 

“Even in the recent past, numerous protests have been organized close to the most important distribution centers, carried out without any prior notice in many cases,” said Piantedosi, the Minister of Interior. “These protests have also been characterized by moments of tension with the police, blockades at the entrances of industrial sites, and slowdowns of production.” But now, even a simple labor demonstration can be harshly repressed as long as a procession is blocking road traffic. This can now be considered a criminal offense, punishable by up to two years in prison. Further, it can go up to four years for passive resistance, and up to fifteen years for active resistance to public officials.

This is how the State and the bosses forge the legal framework: they seek to obstruct and suppress any working-class action that falls outside the control of the “official” unions. It’s no surprise that it’s the right-wing government who is tasked with carrying out this “liberticidal” work. Left-wing governments will later benefit from this when they are called upon to do their part. It’s also unsurprising that Italy’s “official” union confederations have responded weakly, without any significant mobilization. This has effectively signaled a tacit acceptance of these measures.