The State party should further develop and implement educational programmes to ensure that:
(a)
All law enforcement officials, border guards and personnel working in the CPTs and
CPTAs are fully aware of the provisions of the Convention, that breaches will not be tolerated and will
be investigated, and that offenders will be prosecuted; and
(b)
All law enforcement officers are adequately equipped and trained to employ non-violent
means and only resort to the use of force and firearms when strictly necessary and proportionate. In
this respect, the Italian authorities should conduct a thorough review of current policing practices,
including the training and deployment of law enforcement officials in crowd control and the
regulations on the use of force and firearms by law enforcement officials.
Furthermore, the Committee recommends that all relevant personnel receive specific training on how
to identify signs of torture and ill-treatment and that the Istanbul Protocol of 1999 (Manual on the
Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment) become an integral part of the training provided to physicians.
In addition, the State party should develop and implement a methodology to assess the effectiveness
and impact of its training/educational programmes on the reduction of cases of torture and
ill-treatment.
Conditions of detention
(16) The Committee is concerned that, notwithstanding the measures taken by the State party to improve
conditions of detention, including the practice of collective pardon (Law No. 241 of 31 July 2006) and the
prison-building programme adopted through the Ministerial Order of 2 October 2003, there is continuing
overcrowding and understaffing in prisons. The Committee notes information provided on the improvement in
penitentiary health care but it is concerned at reports of ill-treatment, including unsuitable infrastructures and
unhygienic living conditions, in CPTAs and identification centres. While noting the recent Directive concerning the
access to centres for immigrants by the United Nations High Commissioner for Refugees (UNHCR), the
International Organization for Migration (IOM) and the International Committee of the Red Cross (ICRC), the
Committee is also concerned at the absence of an independent organization that can systematically monitor the
management of the centres (arts. 11 and 16).
The State party should continue its efforts to alleviate the overcrowding of penitentiary
institutions, including through the application of alternative measures to imprisonment and the
establishment of additional prison facilities as needed. The State party should also take appropriate
measures to ensure the prompt appointment of additional prison staff, including staff in the
educational and health areas.
The State party should take effective measures to further improve living conditions in the
immigration centres and ensure that a system of systematic monitoring be set up. In this respect, the
Committee recommends that an independent body should monitor the management of these centres,
respect for the human rights of the people held there and the health, psychological and legal assistance
provided.
Treatment and excessive use of force
(17) The Committee notes with concern continued allegations of excessive use of force and ill-treatment by law
enforcement officials. In this respect, the Committee is particularly concerned at reports emerging of alleged
excessive use of force and ill-treatment by law enforcement officials during the demonstrations in Naples
(March 2001) in the context of the Third Global Forum, the G8 Summit in Genoa (July 2001) and in Val di Susa
(December 2005). The Committee is also concerned that such incidents have reportedly occurred during football
matches but it notes the recent adoption of Act No. 41/2007, entitled “Urgent measures on the prevention and the
repression of violence cases occurring during football matches” (arts. 12, 13 and 16).
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