Numbers said:
Yes, you are pointing out all the strangeness and arbitrariness and despotism in the Italian police, prosecution, and judicial system that were evident in this case. There are no doubt underlying dysfunctions in the Italian judicial system that foreigners cannot readily comprehend, but my suspicion is that it rests on a foundation of thought and practice dating back to the Inquisition and warped further by Fascism.
I think that a big part of it is that there is a lack of a system of checks and balances. The judiciary has too much unchecked power. Too much power leads to corruption.
As the pro-guilt lobby often points out, there ARE checks and balances in the Italian system. For one thing, in practise anyone charged with a crime gets two trials. Also, unless it can be shown that someone is either a flight risk, able to tamper with evidence, or is likely to reoffend, they are not held in custody for the time-frame of these painfully labourious and long-winded processes.
So there are safeguards. Another safeguard is the motivations reports. Without them we would not know that all the courts rejected major elements of Mignini's initial case - to the point where what Nencini convicted AK and RS of is almost unrecognizable, really.
Raffaele is free and Nencini had full opportunity to order his incarceration. Nencini said that Knox was legally abroad. So even as bizarre as Nencini's handling of evidence is - in some respects even Nencini represents a libralized treatment of defendants.
It's just that it seems that no court, and no independent body, is allowed to criticize the prosecutor or any of the agencies working for the PM. Despite listing in his motivations reports all the reasons (and other experts) to throw Stefanoni's work into the dumpster (not to mention jail her!), Massei concludes all sorts of issues with, "I believe Stefanoni simply on her say-so."
Weird.
I hope y'all are correct about the ECHR. Yet, to once again channel my inner-CoulsdonUK, it also sounds like Italy can simply ignore things from that quarter, and all this will prove is that Italy is as dysfunctional judicially as everyone knows it is! I mean, there's all sorts of other outstanding idiot-syncrasies of the relationship between Italy/ECHR which Italy seems not in a hurry to fix!
What does the ECHR have to coercively enforce its rulings? Harsh language? (CoulsdonUK - where are you? Back me up on this!!!!)