There civil case rests on the results of parliamentary committee of inquiry which overturned the judicial reconstruction of more than twenty years of investigations, trials without convictions and filing. According to the Senate body, which concluded its work at the beginning of 2018, thepublic authority on the night of the tragedy it was revealed "unprepared and inadequate".
It will be there civil court of Florence to determine if the Ministry of Defence and the Ministry of Transport they are responsible for violating, through the work of the Harbor, the so-called "social contact"According to which the State had to ensure a"general obligation to protect"To those who were on Moby. The first appointment in the classroom is already set for the 26 March 2020. Almost 29 years after the accident.
If the court recognizes the right of family members of the victims of Moby Prince to be compensated by the State, it will be necessary another civil trial for determine the extent of the damage suffered from the loss of their loved ones and years of struggle for truth and justice.
However, for family members of victims it is a historic moment. "We are at first legal round after getting the truth from the commission – he explains to ilfattoquotidiano.it Luchino Chessa, also a son of Ugo and president ofAssociation 10 April – With this civil case we begin to demand justice and it is exciting to see 82 family members united to get it from the state, almost 30 years after the massacre ". "We ask the judiciary to reactivate – he adds Loris Rispoli, president ofassociation 140 – because it is absurd to have obtained from politics what the judiciary had not assured us. Truth and justice must come from the courts even after thirty years ".
The fact that the case is based on the results of the commission of inquiry is unique in judicial terms: according to the family lawyers, it should also cancel the prescription risk, since it was only after the publication of the final report of the commission that the families of the victims knew "with legally relevant certainty"That to contribute to the death of their loved ones was also" the substantial abdication of the authorities responsible for public aid at sea". Then of the Capitaneria and consequently of the ministries on which its action depended. "We have thrown away part of our life, money and health to do parallel investigations and after almost 27 years the commission of inquiry has proved us right – it is unleashed Angelo Chessa, son of Ugo, the commander of the ferry, and honorary president of the association 10 April – Good, but it makes anger to think that he had to do all this for one thing that it should not compete with you, but with the state".
In the final report of the commission of inquiry and taken up by the summons, the Livorno office did not take measures to avoid the accident – caused by a non-clarified "disturbance of navigation”- letting stand in forbidden area the Agip Abruzzo tanker against which he collided the Moby Prince and especially not coordinated no intervention of rescue of the 140 people embarked on the ferry after the outbreak of the fire, leaving them to die during the night. The crux of the matter is thus confirmed as that of survival times aboard the Moby Prince after the accident, overturned by the medical-legal expertise ordered by the commission that broke the dogma of a life ended for all the 140 by 22:55 of April 10th 1991. "It is objectively proved – write the lawyers in the act – that the survival on board has continued for several hours and that therefore the relief could have save lives".
Also for this reason, for the first time in the long judicial history of the story, the document indicates as the date of the death of each victim the11 April 1991. A novelty that moves theimaginary of the whole story: from the tragedy of April 10th, commemorated for 28 years on this date, to the massacre of April 11th 1991, of those who could be saved and not for reasons still today at the center of the difficult criminal investigation – the third – edited by the Prosecutor's Office of Livorno. "For the first time in thirty years I have confidence in what the Livorno Public Prosecutor is doing – he still adds to ilfatto.it Angelo Chessa – that night the state has abdicated from its public security functions and it remains to be understood for the benefit of those. Only by discovering it and punishing the perpetrators will it be possible avoid other events like that of the Moby Prince ”.