Italy’s Top Court redefines pandemic crime: inaction now on par with spreading a Virus. What’s next for Conte and Speranza?

Omissions under scrutiny

The Cassation Court’s decision hinges on specific omissions deemed relevant. These include:

• The crucial absence of a national pandemic plan.

• The failure to distribute individual protective equipment (DPIs).

• The lack of adequate training for health personnel to confront emergencies.

• The absence of correct risk information to the population.

These elements form the core of the maxi-investigation by the Bergamo Prosecutor’s Office, which initially involved 21 individuals, including politicians and high-ranking officials from the Ministry of Health, such as Ranieri Guerra and Giuseppe Ruocco. Critics argue that these officials “cannot continue to say: ‘We did not know’,” as they were aware of the necessity for a pandemic plan, DPIs, and staff training, yet many “did nothing”. The court’s ruling suggests this inaction can now be seen as an “admission of guilt”. Furthermore, Locati highlighted that the Ministry of Health received a World Health Organization (WHO) protocol regarding severe pneumonia of unknown etiology on January 5, 2020, but it took a month for the translation to be completed and even then, doctors were not informed.

Rome, Palace of Justice

Conte, Speranza and the Italian Government face renewed scrutiny

This ruling directly impacts the legal positions of former Premier Giuseppe Conte and ex-Health Minister Roberto Speranza, who had previously been accused of culpable homicide and culpable epidemic in the Bergamo investigation related to the pandemic’s first phase. In 2023, the Tribunal of Ministers in Brescia had archived their positions. However, the Cassation’s motivations could now lead to a reversal of that situation.

The Families of Covid victims have expressed relief, with lawyer Consuelo Locati announcing that she has already filed ten requests to reopen proceedings in various prosecutor’s offices, including Monza, Pavia, Brescia, Milan, and Bergamo. She plans to file another for the Tribunal of Ministers in Brescia, which directly involved Conte, Speranza, members of the Scientific Technical Committee (CTS), and leaders of the Lombardy Region.

Politically, the decision has reignited debate. Senator Antonella Zedda of Fratelli d’Italia noted that while Conte and Speranza were previously acquitted, investigations had already revealed an “underestimation of what was happening” at the pandemic’s onset, particularly concerning virus containment in Lombardy. She further criticized the left’s activities in February 2020, such as “aperitifs” and the Atalanta-Valencia match, calling these “reckless behaviors” before the national lockdown on March 8. Marco Lisei, president of the Covid inquiry commission, hailed the Cassation’s pronouncement as a “historic step” that should prompt a reconsideration of past archiving decisions.

The ruling underscores the profound implications of governmental and administrative responsibilities in public health crises, setting a precedent that inaction can be considered a criminal offense when it leads to severe consequences