CAT/C/ITA/CO/5-6
Special detention regime
34.
While taking note of the Constitutional Court’s decision No. 143 of 17 June 2013 on
access to defence counsel, the Committee considers that the high-security regime under
article 41 bis of the Law on the Penitentiary System continues to impose severe restrictions
in terms of socialization with other inmates and contact with the outside world, in particular
with relatives. The placement of these prisoners under constant video surveillance in their
cells is another matter of concern (arts. 11 and 16).
35.
The State party should review the special detention regime and bring it into
line with international human rights standards, such as the Nelson Mandela Rules.
Video surveillance in custody facilities should not intrude on the privacy of detainees
or violate their right to confidential communication with their lawyer or doctor. The
State party should also strengthen and expedite the judicial review of orders imposing
or extending that form of detention.
Deaths in custody
36.
While noting the adoption in 2017 of plans to prevent suicide in prisons and juvenile
detention facilities, the Committee regrets the lack of complete information on suicides and
other sudden deaths in detention facilities during the period under review (arts. 2, 11 and
16).
37.
The State party should provide the Committee with detailed information on
cases of death in custody and the causes of those deaths. It should also take measures
to ensure that all instances of death in custody are promptly and impartially
investigated by an independent entity.
Excessive use of force
38.
The Committee is concerned at the number of persons who have been injured during
confrontations between demonstrators and security forces in the course of social protests,
since the consideration of the previous periodic report. It also regrets the scant information
provided by the State party regarding the number of prosecutions and convictions on
charges of excessive use of force during the period under review. The lack of clarity of the
applicable regulation on the use of force is also a cause of concern (arts. 2, 12, 13 and 16).
39.
The State party should:
(a)
Ensure that prompt, impartial and effective investigations are
undertaken into all allegations relating to the excessive use of force by police and
other law enforcement officers and ensure that the perpetrators are prosecuted and
the victims are adequately compensated;
(b)
Increase the efforts to systematically provide training to all law
enforcement officers on the use of force, especially in the context of demonstrations,
taking into account the Basic Principles on the Use of Force and Firearms by Law
Enforcement Officials;
(c)
Clarify the regulation on the use of force by the police and other law
enforcement agencies, and ensure that members of the police and other law
enforcement officers can be effectively identified at all times when carrying out their
functions;
(d)
Provide the Committee with detailed information on the number of
complaints, investigations, prosecutions, convictions, and sentences handed down in
cases of police brutality and excessive use of force.
Prompt, thorough and impartial investigations
40.
The Committee is concerned at the fact that the State party has not furnished specific
information on the number of complaints of torture or ill-treatment or on the corresponding
investigations and prosecutions during the reporting period. The Committee has not
received comprehensive information about the sentences and criminal or disciplinary
sanctions imposed on offenders, or an indication of whether the alleged perpetrators of
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