E/CN.4/1996/35/Add.1
page 75
Italy
Information transmitted to the Government and replies received
402. By letter dated 29 May 1995 the Special Rapporteur transmitted to the
Government three individual cases of alleged torture and on 7 August 1995 the
Government sent replies to those allegations. The allegations and the replies
are summarized in the following paragraphs.
403. Naser Hasani, a Rom from ex-Yugoslavia who had been stopped by three
police officers in June 1994 while driving in Florence, was accused by the
officers of using a hammer discovered in his car to carry out robberies. The
officers asked him to follow their car to the police station. He followed and
was led to a park where the officers allegedly kicked him, struck him with the
hammer and subjected him to racial insults. He was treated at a local
hospital and issued a medical certificate recording multiple cuts and bruises.
The Government replied that, according to the police account, Nasser Hasani
was released on the way to the police station and no violence had been used
against him. A forensic doctor confirmed that there was a total lack of
bruises or other signs that could be related to the alleged ill-treatment.
404. Khaled Kabouti, a Moroccan immigrant, was reportedly ordered by an
officer of the carabinieri in August 1994 to throw away a drug syringe with
which he was poised to inject himself at an underpass in Milan. He complied
with the order, but the officer allegedly kicked him in the stomach, knocking
him down, and kicked him again when he tried to stand up. Thereafter he
underwent an emergency operation at a Milan hospital to remove his spleen.
The Government replied that a fight had in fact occurred between
Khaled Kabouti and a carabiniere, who had tried to stop him from injecting
himself with drugs, but that Khaled Kabouti had attacked the carabiniere and
thrown him to the floor. This was witnessed by another carabiniere. After he
had been admitted to hospital, Khaled Kabouti alleged that he had been kicked
in the stomach by the carabiniere. Consequently, the territorial command of
the carabinieri passed the case to the public prosecutor. A judicial inquiry
against the carbiniere on the charge of causing serious injuries was ongoing
at the Milan criminal court.
405. Salvatore Franco was one of a number of persons reportedly ill-treated by
police during a demonstration by students in Naples on 14 November 1994. He
was allegedly thrown into the air by a police car driven at high speed into a
crowd of demonstrators. He was then allegedly dragged to a nearby police
station and subjected to blows, particularly to his leg which was injured in
the collision. Hospital records revealed a triple fracture of his left leg,
multiple bruising to his abdomen and suspected internal injuries. The
Government replied that the Chamber of Deputies had been seized of this case
on 14 November 1994 and the Minister of the Interior had reported that a
police car had run over Salvatore Franco while trying to escape from the
attack of the demonstrators to avoid crashing into some rubbish containers.
Two deputies who had witnessed the scene gave a different version, reporting
that a police car had driven into the crowd of demonstrators. A criminal
proceeding was then filed before the Tribunal of Naples.
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