Italy has set clear conditions for the return of its ambassador to Bern following the tragic Crans-Montana fire. Rome insists on the formation of a joint investigative team with Switzerland to determine responsibility for the incident that claimed 40 lives.
The diplomatic rift emerged after the operator of the Le Constellation bar, Jacques Moretti, was released from pre-trial detention in Valais. This decision prompted Italy to recall its ambassador, Gian Lorenzo Cornado, a move signaling significant dissatisfaction.
Key Takeaways
- Italy demands a joint Swiss-Italian investigation into the Crans-Montana fire.
- Ambassador Gian Lorenzo Cornado was recalled after a bar operator's release.
- The New Year's Eve fire in Crans-Montana resulted in 40 fatalities.
- Italian Prime Minister Giorgia Meloni met with the recalled ambassador.
- Legal experts highlight existing international agreements for cooperation.
Diplomatic Standoff Over Investigation Demands
Italian Prime Minister Giorgia Meloni met with Ambassador Gian Lorenzo Cornado at Palazzo Chigi on Monday. The meeting reinforced Italy's stance, which calls for immediate and collaborative efforts to investigate the Crans-Montana tragedy.
According to the Italian news agency Ansa, Italy seeks a seamless cooperation between Swiss and Italian judicial authorities. The goal is to establish a joint investigative team without delay. This team would focus on clarifying the responsibilities surrounding the fire on January 1, 2026.
The fire at the Le Constellation bar in Crans-Montana claimed 40 lives, including several Italian citizens. This high death toll has intensified Italy's demand for a thorough and joint investigation.
Tragedy at a Glance
- Date of Incident: January 1, 2026
- Location: Le Constellation bar, Crans-Montana, Valais
- Fatalities: 40 people, including Italian citizens
- Key Figure: Jacques Moretti, bar operator, released from detention
Legal Perspectives on International Cooperation
The Italian government's request has drawn attention to the existing legal frameworks for international judicial cooperation. Rosa Maria Cappa, a former federal prosecutor in Switzerland from 2003 to 2015, provided insights into these mechanisms.
Cappa highlighted a specific Italian-Swiss agreement that complements the European Convention on Mutual Assistance in Criminal Matters. This agreement typically applies to investigations involving cross-border organized crime or cases where a joint investigation group serves a concrete purpose.
"The offer of cooperation in the investigations, made by Giorgia Meloni to Switzerland regarding the Crans-Montana tragedy, seemed more like an expression of an accusation of incompetence than a desire for cooperation with Swiss justice," Cappa stated in the Corriere del Ticino.
She emphasized that if the Crans-Montana investigation had been initiated due to an organizational offense, the situation might differ. However, Cappa noted that this is not the current legal classification of the case.
Judicial Independence and State Principles
Both Switzerland and Italy operate as constitutional states with fundamental principles of separation of powers and judicial independence. These principles are well-understood by leaders in both nations.
Legal Frameworks
International judicial cooperation between Switzerland and Italy is governed by:
- The European Convention on Mutual Assistance in Criminal Matters.
- A specific bilateral Italian-Swiss agreement supplementing the European Convention.
These agreements facilitate the exchange of information and assistance in criminal investigations, especially for complex or cross-border cases.
Cappa stressed that there are no significant differences between the two legal systems regarding judicial independence. This point is crucial when considering requests for joint investigative teams.
Pathways for Collaboration
Despite the diplomatic tension, established channels exist for judicial cooperation. Cappa outlined two primary methods through which collaboration could proceed.
1. International Legal Assistance
Magistrates in Rome, who may have opened a parallel investigation in Italy, can formally request assistance. This involves submitting a legal assistance request to the Public Prosecutor's Office of the Canton of Valais. Such requests aim to obtain information, provide support, and facilitate other forms of cooperation.
2. Diplomatic Channels
The Ministry of Foreign Affairs can activate its diplomatic channels. However, it is important to understand the limitations of this route. The Italian Ambassador in Switzerland cannot directly engage with judicial authorities.
The ambassador cannot demand information or discuss criminal investigations directly with the Public Prosecutor's Office. Diplomatic intervention serves to facilitate communication at a higher level, but it respects judicial autonomy.
Ongoing Investigation and Community Impact
The Crans-Montana fire has been one of the most severe tragedies in Switzerland in recent memory. The community is still grappling with the aftermath, and the investigation continues to uncover details.
Forensic experts reportedly found 25 party fountains inside the bar. This detail has raised questions about safety protocols and potential contributing factors to the rapid spread of the fire.
Local authorities have admitted to control deficiencies at a press conference. This admission suggests a need for stricter oversight and enforcement of safety regulations.
The release of bar operator Jacques Moretti on bail sparked immediate public debate. Critics questioned the decision, highlighting the severity of the incident and the number of fatalities.
The focus remains on a comprehensive investigation to ensure justice for the victims and their families. International cooperation, while sensitive, is critical to fully understand the circumstances of this devastating event.