Ruby affair

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The Ruby affair , also known as Rubygate , was a scandal surrounding the relationship between the then incumbent Italian Prime Minister Silvio Berlusconi and the Moroccan escort girl Karima el-Mahroug , who also calls herself Ruby and in the Italian media as Ruby Rubacuori ( German: Ruby Heartbreaker). The Caso Ruby (German: Fall Ruby ) was the occasion for a trial against the Prime Minister for abuse of office and promotion of prostitution with minors . A total of 16 women are said to be involved in the case. Berlusconi was sentenced in the first instance, but the higher courts found an acquittal.

To person

Karima el-Mahroug was born on November 1, 1992 in Fkih Ben Salah ( Morocco ) and later became known under her stage name Ruby Rubacuori . She moved with her family to Letojanni , a municipality in the province of Messina , in 2003 and left her parents' home at the age of 14. She had a relationship with a then 33-year-old before working as a chambermaid, belly dancer and beautician. On December 19, 2011, she gave birth to a daughter in Genoa . The father of their daughter is their 41-year-old fiancé, with whom she had been in a relationship for over a year at the time.

Background of the affair

Villa San Martino, Arcore

The affair was triggered by a letter from Veronica Lario, who was not yet divorced from Berlusconi, to the newspaper La Repubblica . In the letter she exposed Berlusconi's behavior. The affair had little impact on the election results in Italy.

Arrest and release

On May 27, 2010, el-Mahroug was stopped in Milan because a woman accused her of stealing 3,000 euros and a watch from her. The police found that she did not have a valid residence permit and that she was wanted for property crimes. The police contacted the juvenile judge on duty, who decided to have the underage el-Mahrough taken into police custody and to move her to an assisted living community as soon as possible. This was followed by a call from Berlusconi to the police, alleging that 17-year-old el-Mahroug was the niece of the then Egyptian President Husni Mubarak . Berlusconi admitted the call. But he explained that he had only named someone to whom they could be entrusted. He had not influenced anyone, was "a person with a good heart and always ready to help someone in need". That same night, on May 28, 2010 between 02:00 and 02:30, she was picked up by the Lombard regional representative Nicole Minetti from the police headquarters. Minetti was the dental hygienist who was involved in treating Berlusconi after he was assassinated on December 13, 2009 in Milan.

Investigations

On December 21, 2010, the Milan Public Prosecutor's Office opened an investigation into Berlusconi for promoting the prostitution of minors and for abuse of office.

According to her own statements, el-Mahroug informed Berlusconi, who later invited her to various parties in his villa, in January 2010 that she was still a minor and had no papers and no residence permit. Berlusconi had assured her that he would take care of it. El-Mahroug testified before the Italian public prosecutor that she was first brought to Berlusconi's Villa San Martino in Arcore on February 14, 2010 . There was no sexual intercourse between her and Berlusconi ; Nevertheless, she received 30,000 euros from Berlusconi, a car, jewelry and designer fashion. In total, she received remuneration worth 187,000 euros from Berlusconi. At the celebrations in his villa there were orgies , during which invited women aroused those present with lesbian games.

Berlusconi reportedly had sex with Rubacuori 13 times, according to prosecutors' records. Rubacuori and Berlusconi, however, deny having had a sexual relationship.

process

After the Italian Constitutional Court partially overturned an immunity law on January 13, 2011 , which allowed Berlusconi to stay away from court hearings because of important state affairs, the Milan court declared that it would open the hearing in January 2011. The Prime Minister said that some public prosecutors would violate the fundamental rules of the game of democracy with the investigation. His defense attorneys described the prosecution's allegations as absurd. A judicial reform was initiated by Berlusconi's cabinet a few weeks before the start of the trial, which, according to Berlusconi, is not related to Rubygate. However, critics accused him of simply wanting to evade justice. Due to the necessary qualified majorities in both houses of parliament, an actual implementation of the reform is considered unlikely.

The trial was seen as "Trial of the Year". In addition to the piquant background, the list of witnesses named by the prosecution and defense (including George Clooney , Elisabetta Canalis , Cristiano Ronaldo , Belén Rodríguez , Aída Yéspica , Mariastella Gelmini , Franco Frattini , Mara Carfagna ) and any political implications play a role. In total, the public prosecutor named 136 witnesses, the defense again 78. On the day before the start of the trial, the Italian parliament, with the votes of Berlusconi's center-right coalition, decided that the court in Milan should not have jurisdiction and that the constitutional court should therefore be appealed to .

On February 15, 2011 a court in Milan ruled that Silvio Berlusconi had to answer for abuse of office and dealing with underage prostitutes. The trial opened on April 6th. 110 journalists had announced that they wanted to report directly from the courtroom despite the prohibition of television recordings. Hundreds of representatives from the global media appeared. After only a few minutes of negotiation, the trial was postponed to May 31, 2011; neither Berlusconi nor el-Mahroug had appeared for the first appointment.

On April 11, Berlusconi said that he had paid the underage prostitute 45,000 euros, but only so that she could open a beauty salon with laser hair removal and not for sexual services. "The girl told a painful, moving story," he said. He went on to say that he was "the victim of defamation by judges who work against their country rather than for their country".

Berlusconi did not appear for the hearing on May 31, 2011 because he was on a state visit to Traian Băsescu in Romania . His defense attorney said Berlusconi believed Ruby was Mubarak's niece and that he was acting within the scope of his duties in trying to avoid diplomatic entanglements. The procedure must therefore be carried out before the Council of Ministers.

On the third day of the hearing, the lawyer Egidio Verzini from Verona presented himself as the representative of the injured party. Berlusconi did not appear; his lawyers explained their 16 objections, which, among other things, concerned the jurisdiction of the court. The public prosecutor's statement was scheduled for June 14; the court wanted to rule on the defense's appeals by July 18.

In his testimony before the court in October 2012, Berlusconi testified that there were no sex parties with “ Bunga Bunga ”, but only dinners in which he focused on singing and talking about sport, politics and gossip. He had been lied to by Ruby and therefore believed that she was actually Mubarak's niece and 24. His call to the Milan police chief was made to obtain information and avoid diplomatic entanglements. He did not want to exert any pressure.

In April 2013 Ruby Rubacuori testified in court that she had never had sex with Berlusconi and that investigators dragged her into a "war" against him.

On May 13, 2013, the Milan public prosecutor's office demanded a six-year prison sentence for Berlusconi. The politician should also never be allowed to hold public office again. On June 24, 2013, the Milanese court sentenced Berlusconi in the first instance to seven years' imprisonment without parole and to a ban on holding public office.

On January 2, 2014, Berlusconi's lawyers appealed the judgment. They justified this with the fact that there was no criminal offense.

Other defendants

In addition to the charges against Berlusconi, proceedings have also been initiated against some of his confidants who are accused of aiding and abetting the prostitution of underage women. The TV news chief Emilio Fede , the former PDL regional politician Nicole Minetti and the show manager Lele Mora had to answer before a Milan court because they are said to have arranged and paid escort girls for the parties in Berlusconi's villa. They were sentenced to between five and seven years in prison in July 2013.

Appeal process

On June 20, 2014 the appeal proceedings against Berlusconi began at the Corte d'appello di Milano . The proceedings were opened without the accused, as Berlusconi had to do social hours at the same time, which he had been sentenced to in tax proceedings. On July 18, 2014, the appeal process ended in an acquittal. According to the appeals court, prostitution occurred in Berlusconi's house, "Ruby" also stayed there twice. However, it cannot be proven with certainty that Berlusconi knew her age. There would be no evidence for the abuse of office allegation. Immediately after the acquittal was signed, Enrico Tranfa, the chairman of the Appeals Chamber, resigned in protest against the acquittal. He had been overruled by his two fellow judges in the decision.

Proceedings before the Court of Cassation

On November 29, 2014, the public prosecutor appealed against the second instance judgment to the highest Italian civil court, the Court of Cassation . The prosecution's justification comprised 60 pages. On March 10, 2015, the Berlusconi court finally acquitted, as there was no evidence that he knew that he was a minor.

Preliminary proceedings for influencing witnesses

In November 2013, a report by the judges became known in which Berlusconi was accused of bribing witnesses and forging evidence in the trial. The public prosecutor's office in Milan announced on January 23, 2014 that it had initiated an investigation against Berlusconi and 44 other people for systematically influencing witnesses. Among other things, Berlusconi's lawyers and several women who were present at the "bunga-bunga parties" and who testified in favor of Berlusconi are being investigated. Karima al-Mahroug ("Ruby") is also being investigated. The public prosecutor's office bases its suspicion on the fact that the witnesses used similar words in their testimony and that the choice of words often does not correspond to their social origin.

On January 28, 2017, an Italian court ordered that Berlusconi be charged on April 4, 2017 for bribing witnesses for a total of 10 million euros. He is said to have silenced her over allegations that he paid for sex with minors. In the case of Karima el-Mahroug alone, seven million euros flowed in hush money. He is said to have paid individual women 2500 euros a month.

On March 1, 2019, Imane Fadil, a model from Morocco and a key witness in the process, died in a clinic near Milan to which she had been admitted four weeks earlier because of poor health. Milan prosecutors suggested she died of a radioactive substance. According to the autopsy report from September 2019, she died of aplastic anemia , a rare and difficult-to-cure form of anemia .

Investigation report

Web links

Individual evidence

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