CAT/OP/ITA/1/Add.1
administrative, IT and security expertise) of the prison, judicial, juvenile and public security
administrations. Such staff are exclusively at the service to the Authority and cannot be sent
to other offices without its favorable opinion (Article 4, para. 2, of Decree of the Minister
of Justice No. 36 of 11 March 2015); this allows for the functional independence of the
Office’s staff.
101. The collegiate members of the body and its staff work in Rome; its headquarters are
located in Via San Francesco di Sales 34 (Article 6 of the Code of self-regulation of the
activities of the Office), where on 27 April 2016 the first press conference to launch the
new body was held.
102. Decree of the Minister of Justice No. 36 of 11 March 2015, in defining the
independent functional operation of the new body, makes explicit reference in the
introduction to the law on the “Ratification and implementation of the Optional Protocol to
the UN Convention against Torture and other cruel, inhuman or degrading treatment, done
at New York on December 18, 2002” (Law No. 195 of 9 November 2012) and, in
particular, to Articles 17 et seq. of the Protocol. In addition, in its Article 2(b), it provides
that the Authority shall adopt a Code of self-regulation of the Office’s activities - thus the
rules governing the operation of the body, the guiding principles of its conduct, of the
conduct of the members of the Office and of all those who, for whatever reason, cooperate
with the Authority -, are in accordance with the OPCAT principles.
103. Consistently, the Authority promptly adopted by Decision of May 31, 2016, the
aforementioned self-regulatory code. Article 2 of this Code underlines that the Authority
functions shall be carried out in accordance with the powers conferred by the 2014 law
setting up the body, by the regulation in the already mentioned Ministerial Decree and,
therefore, in particular, in accordance with the principles set out in Part IV, Articles 17 to
23, of the UN Protocol. In listing the functions of the Authority, the Code specifies, inter
alia, that it shall examine – on a regular basis - the situation of persons deprived of their
liberty who are in places, including mobile places, under OPCAT Article 4 (i.e. in all places
of deprivation of liberty, however described and whatever the responsible authorities); shall
actively work to improve the treatment and the situation of persons deprived of their liberty
and prevent torture and other inhuman or degrading treatment, proposing, if necessary, the
strengthening of safeguards which it shall identify also through the exchange of information
and mutual cooperation with the Subcommittee on prevention of torture and other national
protection mechanisms established by other States which ratified the UN Protocol; shall
draw up the annual report on its activities which shall include the necessary
recommendations and forward it to the President of the Republic, the President of the
Constitutional Court, the President of the Senate of the Republic, the President of the
Chamber of Deputies, the Prime Minister, the Defense, Justice, Interior and Health
Ministers, also publishing the report both on its website and on that of the Justice Ministry.
Therefore, the Authority is clearly outlined as a preventive instrument in relation to
inhuman and degrading treatment and torture. Through the annual report, the Authority
provides observations which can directly give guidelines on the legislative activity under
discussion and in the process of being adopted. This practice is in fact already in place,
since the National Authority has already been involved by the Justice parliamentary
committees in order to have opinions about the legislation in the process of being adopted.
Article 3 of the Code explicitly states that the Authority freely exercises its mandate
carrying out totally independently and without any interference its institutional duties to
protect the rights of those detained or deprived of their liberty.
104. In particular, the Authority makes use of facilities and resources made available not
only by the Ministry of Justice, but also by other State administrations and EU and
international organizations operating in line with the objectives of the law establishing the
Authority and in full compliance with the principles of the UN Protocol. Therefore, the
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