CAT/OP/ITA/1/Add.1
National Authority is established within the Ministry of Justice, uses the Ministry’s
resources but it is not included in its hierarchical structure and cannot be considered as one
of its branches, thus taking the form of a fully independent body. Similar independence is
established in relation to other authorities concerned by its action.
105. In line with OPCAT Article 17 et seq. and, in particular with its Article 20, the Code
(Article 3) highlights the possibility of access to places and documentation without
restrictions (except for the need to obtain the consent of the person deprived of his/her
liberty, in order to examine documents contained in his/her personal file, in particular
health documents). Moreover, the Code (Article 4) lays down the guiding principles of the
Authority and, first of all, the complete independence of conduct in compliance with
OPCAT principles, with particular reference to Article 18, which establishes the
independence of its personnel, both at functional and financial levels (in the sense that
States must make available to the Authority the “necessary resources for their operation”).
106. Article 4 of the Code also establishes the need to protect the confidential information
obtained, the obligation of secrecy about what has been acquired during the institutional
visits and, in general, in the performance of the other tasks of the Authority, the obligation
of confidentiality about the outcome of the visits, until it is published and the obligation to
timely transmit any notitia criminis committed against persons deprived of their liberty to
the judicial authorities.
107. Article 4, para.2, provides for protection from possible reprisals: in fact, the
Authority is actively committed to ensuring that no one (public authorities or public
officials) orders, applies, permits or tolerates any sanction against any person or
organization for having communicated any true or false information to the Authority and,
more generally, that no kind of prejudice is suffered (to be considered also with regard to
Para. 115 of the CPT report under reference).
108. In conclusion, the different types of legislation adopted over the last year and
subsequent to the visit of the Subcommittee delegation, are considered to have remedied the
unclear aspects of the original law and thus overcoming the reservations that had been
expressed in relation to the initial text. In addition, the National Authority has already
started a large scale activity in the various fields of deprivation of liberty, in a totally
independent and remarkably effective way considering its recent launch (Please find below
the list of the monitoring activities already carried out; and the publication of the first
reports can be found on the National Authority website at: www.garantenpl.it).
109. Moreover, the logistical, financial and functional structures, currently available,
make the action taken efficient (and effective). Finally, it should be noted that by a public
call for applications [interpello pubblico], the National Authority is selecting staff to
complete the organizational chart set by legislation and by September the Office will have
the number of staff members tripled compared to the number currently available.
III. List of visits conducted by the National Preventive
Mechanism (as of July 31, 2016)
(a)
Reception facilities and monitoring of repatriations-related operations: 7
March 2016: Hotspot in Milo-Trapani; 13 April 2016: monitoring of disembarkation and
pre-identification at Reggio Calabria harbour; 19 May 2016: monitoring a Ministry of
Interior charter flight repatriating Tunisian citizens on the route Lampedusa Island –
Palermo – Hammamet; 26 May 2016: monitoring at Fiumicino airport (Rome) repatriation
procedures concerning a Peruvian citizen expelled by the Prefet in Milan, in accordance
with Art.13, para.2, lett. a-b, Legislative Decree No. 286/98; 26 May 2016: visit to the
temporary security rooms of the State Police at Fiumicino airport (Rome) for those irregular
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