Italian high court received the complaint on tapping the president as part of an investigation on the negotiations between state officials and the mafia, Italian media reported on Wednesday.
The President Giorgio Napolitano asked the court in July to force prosecutors in Sicily to destroy recordings of conversations he had with one of 12 people accused of a deal with the mafia behind some of the most gruesome murders in Italy.
The recording was made as part of an investigation into allegations of an agreement between the state and the mafia to end its endless violence, including the killing of judges Giovanni Falcone car bombs and Paolo Borsellino in 1992.
That is not the authority of the prosecutor’s office to evaluate the importance of Palermo telephone conversation transcript of the president, he said as quoted by the Constitutional Court judges when expressed its decision on Tuesday.
Prosecutors had asked for 12 people on trial in the case, six mafia boss and six people working for the state at that time. Among them are Marcello Dell Utri, a former ally of Prime Minister Silvio Berlusconi scandal ensnared.
Napolitano conversation with former interior minister Nicola Mancino recorded as part of the investigation – an act which the president declared as being illegal because the head of state has full legal immunity.
Although prosecutors say the sound recording is not significant to the investigation, they insisted on following the procedure and refused to destroy the tape before it can be played back to the lawyers of the parties involved.
Napolitano’s office said the president immunity requires in order to run the government, but critics accused him of attempting to obstruct justice.