CAT/OP/ITA/1/Add.1
Part II – Specific issues (as considered in the SPT report under
reference)
Para.7
94.
As per consolidated practice, Italian Authorities have lent their support, prior,
during, and after the country mission under reference.
95.
In particular the Department of Public Security (DPS) of the Ministry of Interior has
provided the SPT with comprehensive information (prior to the mission) through CIDU.
The Department specifically provided the SPT with: the list of all Police forces’ security
rooms; relevant legislation, including regulations and internal memos concerning
immigration and borders management, which have been also translated into English.
96.
More importantly, the DPS stresses that there was no information gap nor
impediments in the access to information.
Para. 9
97.
In line with the mission’s agenda, the SPT met with a variety of representatives of
the Administrations concerned, including of a political nature. More specifically, the SPT
met with all DPS representatives concerned, during both the missions held in September
2015 and in February 2016. The SPT held political level meetings with H.E. Domenico
Manzione, Under-Secretary of State for Interior Affairs (assisted by DPS representatives),
on 16 September 2015 and 4 February 2016.
Para.10
98.
There was no initial “misapprehension” on the SPT mandate, as proven in particular
by the organization of the visit to the various sites and facilities by the DPS (September
2015). There have been, however, some operational defaillances in the course of the first
day (of the mission), which have been immediately considered by DPS, and explanation in
this regard has been promptly provided through CIDU, in addition to the indication of the
measures apt to solve the possible operational problems, which could emerge in the course
of the mission under reference.
Paras. 12-13
99.
Presidential Decree of February 1, 2016, on the appointment of President Mauro
Palma and member of the Collegiate Panel Emilia Rossi, was followed by Presidential
Decree of March 3, 2016, on the appointment of the third member of the collegiate Panel,
Ms. Daniela de Robert. So, at present, the collegiate formation of the monitoring body is
complete. The law setting up the said Authority clearly establishes the independence of the
collegiate Panel, which is appointed by the President of the Republic; it reports to the
Presidents of the Chamber of Deputies and Senate of the Republic; cannot be renewed after
its five-year term, neither is it removable except for criminal responsibility. Even the initial
lack of an emolument for the activity carried out was corrected by an amendment to the law
setting up the body, providing for the granting of an allowance for the President and
members of the collegiate Panel (Article 1, paragraph 317, of Law No. 208 of 28 December
2015). The independence of the collegiate Panel has been thus strengthened.
100. The Office of the National Authority has been operational since March 25 of this
year and has already recruited eight staff members by selecting them independently from
the permanent staff of the Justice and Interior Ministries. In fact, by an order dated March
24, 2016, four other persons have been assigned to the Office of the National Authority for
the rights of persons detained or deprived of their liberty, who added up to those initially
assigned. This staff quota allows the Office to be operational. The staff have been identified
by the Authority in the different areas of professional expertise (legal and pedagogical,
18
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