Convention
Abbreviation:
CAT
COMMITTEE AGAINST TORTURE
Twenty-second session
26 April-14 May 1999
CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES UNDER ARTICLE 19
OF THE CONVENTION
Conclusions and recommendations of the Committee against Torture
Italy
163. The Committee
considered the third periodic report of Italy (CAT/C/44/Add.2) at its
374th, 377th and 381st meetings, held on 3, 4 and 6 May 1999 (CAT/C/SR.374,
377 and 381) and has adopted the following conclusions and recommendations.
1. Introduction
164. The
Committee welcomes the timely submission of the third periodic report
of Italy and thanks the representatives of the State party for their
good oral presentation and their collaborative and constructive attitude
in the dialogue with the Committee.
2. Positive
aspects
165. The
Committee welcomes:
(a) The
introduction in Parliament of a bill aiming at adding the crime of
torture as an autonomous crime and the settingup of a special fund
for the victims of acts of torture;
(b) The
introduction of a number of modifications in the regime of precautionary
measures to protect arrested persons and detainees from illtreatment
or torture, such as the rule requiring that questioning outside the
court has to be documented by sound or audiovisual recordings (Law
No. 332 of 1995);
(c) The
passing by Parliament of Law No. 40 of 6 March 1998 governing immigration
and aliens, which, in particular, grants the aliens who are legally
residing in the territory of the State party, parity with the Italian
citizens;
(d) The
assurances contained in the report that a different and new policy
of accepting foreigners is to be energetically carried forward;
(e) The
consideration by the Italian Parliament of a bill that accords humanitarian
protection and the right of asylum and intends to institute an organic
asylum regime;
(f) The
fact that foreign prisoners who are granted measures alternative to
detention may also be granted temporary work permits.
3. Factors
and difficulties impeding the application of the provisions of the
Convention
166. While
it does not underestimate the difficulties created by the presence
of a large number of foreigners of different cultures and nationalities
on the Italian territory, the Committee expects that the new law on
immigration along with the continued efforts on the part of the authorities
will help ease the situation, especially since many of these foreigners
had to flee their countries of origin due to severe conditions of
unrest.
4. Subjects
of concern
167. Despite
the efforts of the authorities, the prison system remains overcrowded
and lacking in facilities which makes the overall conditions of detention
not conducive to the efforts of preventing inhuman or degrading treatment
or punishment. In this regard, the Committee notes with concern, that
reports of cases of illtreatment in prison continued and that many
of them involved foreigners.
168. The
Committee is also concerned over the lack of training in the field
of human rights, in particular, the prohibition against torture to
the troops participating in peacekeeping operations and the inadequate
number of military police accompanying them, which was responsible
in part for the unfortunate incidents that occurred in Somalia.
5. Recommendations
169. The
Committee recommends that:
(a) The
legislative authorities in the State party proceed to incorporate
into domestic law the crime of torture as defined in article 1 of
the Convention and make provision of an appropriate system of compensation
for torture victims;
(b) The
Committee be informed of the progress and result of the judicial proceedings
resulting from the incidents in Somalia;
(c) All
prisoners' correspondence addressed to international procedures of
investigation and settlement be excluded from "censor checks" by prison
personnel or other authorities.
