The State party should ensure that it complies fully with article 3 of the Convention and that
individuals under the State party’s jurisdiction receive appropriate consideration by its competent
authorities and guaranteed fair treatment at all stages of the proceedings, including an opportunity for
effective, independent and impartial review of decisions on expulsion, return or deportation.
In this respect, the State party should ensure that the relevant alien policing authorities carry out a
thorough examination, prior to making an expulsion order, in all cases of foreign nationals who have
entered or stayed in Italy unlawfully, in order to ensure that the person concerned would not be
subjected to torture, inhuman or degrading treatment or punishment in the country where he/she
would be returned to.
(12) The Committee is particularly concerned that article 3 of the “Pisanu Decree” has introduced a new
procedure of expulsion of both regular and irregular migrants suspect of being involved in terrorist activities, which,
according to the State party, will be in force until 31 December 2007 as an exceptional measure of prevention. The
Committee also expresses its concern at the immediate enforcement of these expulsion orders, without any judicial
review, and is concerned that this expulsion procedure lacks effective protection against refoulement (arts. 2 and 3).
The Committee recalls the absolute nature of the right of each person not to be expelled to a country
where he/she may face torture or ill-treatment and urges the State party to reconsider this new
expulsion procedure. When determining the applicability of its non-refoulement obligations, under
article 3 of the Convention, the State party should examine thoroughly the merits of each individual
case and ensure that adequate judicial mechanisms for the review of the decision are in place.
Universal jurisdiction
(13) The Committee notes the State party’s assurances that the Convention applies to the acts of Italian troops or
police officers who are stationed abroad, whether in a context of peace or armed conflict. However, the Committee
expresses its concern at the way in which the competent authorities, notably the judicial authorities, conducted the
proceedings in respect of the incidents in Somalia involving Italian troops as well as the lack of detailed information
on the progress and result of the judicial proceedings resulting from these incidents, as requested by the Committee
in its previous conclusions and recommendations (A/54/44, para. 169 (b)) (arts. 5 and 12).
The State party should make sure that it acts in compliance with article 5 of the Convention and take
the necessary measures to ensure prompt, impartial and effective investigations into all allegations of
torture and ill-treatment committed by law enforcement officials and Italian troops, in Italy or abroad,
and try perpetrators as well as impose appropriate sentences on those convicted.
Extradition
(14) The Committee notes with concern how the competent judicial authorities have dealt with a request for
extradition in respect of an Argentinean military officer caught in Italian territory in 2001 under an international
warrant of arrest issued by France for the abduction and torture of a French citizen in Argentina in 1976 (arts. 7
and 9).
The State party should take the necessary measures to establish its jurisdiction over acts of torture in
cases where the alleged offender is present in any territory under its jurisdiction, either to extradite or
prosecute him or her, in accordance with the provisions of the Convention.
Training
(15) The Committee takes note with appreciation of the detailed information provided by the State party on
training for its law enforcement officials, penitentiary staff, border guards and armed forces. However, the
Committee regrets the lack of information on training on the employment of non-violent means, crowd control and
the use of force and firearms. In addition, the Committee regrets that there is no available information on the impact
of the training conducted for law enforcement officials and border guards, and how effective the training
programmes have been in reducing incidents of torture and ill-treatment (art. 10).
54
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