317. With regard to article 3 of the Convention, members of the Committee
asked how possible conflicts between the political and the jUdicial
authorities over questions of extradition were resolved.
318. Clarifications were requested on articles 7, 9 and 10 of the Penal Code,
which seemed to apply the provisions of articles 5 to 7 of the Convention only
partially. Questions were also asked concerning the application of the
principle of universal jurisdiction to action to combat torture.
319. Additional information was requested concerning the implementation of
articles 8 and 9 of the Convention, and in particular the direct applicability
of those provisions in Italian internal law. Clarifications were also
requested on the practical application of the principle mentioned in the
report according to which the authorities reserved the right not to extradite
an individual when he was liable to be subjected on his return to treatment
constituting a violation of his fundamental rights. In particular, it was
asked whether, by virtue of that principle, a foreigner liable to incur the
death penalty in his own country could be extradited to it. Lastly, it was
asked how many foreigners had been expelled or extradited during the last five
years.
320. In connection with article 10 of the Convention, members of the Committee
requested additional information on the training of law enforcement and
medical personnel. It was asked whether there were programmes for the
training of prison and medical personnel and whether the United Nations
Standard Minimum Rules for the Treatment of Prisoners and the Principles of
Medical Ethics were disseminated.
321. With regard to article 11 of the Convention, members of the Committee
requested information on the rules concerning the conduct of police
interrogations, investigations and incommunicado detention of prisoners; the
conditions in which a prisoner could make an appeal concerning his conditions
of detention; the duration of police custody and preventive detention; and the
possibility for a person to have a medical examination after his arrest and to
communicate with his family and a lawyer. It was also asked whether police
interrogations were covered by precise instructions and were recorded; whether
a procedure similar to habeas corpus existed in Italy; whether untried and
convicted prisoners were separated; whether there was a body responsible for
supervising conditions of detention and, in particular, whether judges made
unannounced visits to prisons; whether dangerous prisoners were subject to a
special regime, such as incommunicado detention; what measures could legally
be taken to avoid violence in prisons; and whether it was compulsory for
prisoners to work.
322. With regard to articles 12 and 13 of the Convention, members of the
Committee asked whether complaints had already been submitted concerning acts
of torture and, if so, whether a rapid investigation had been conducted into
such cases and with what results; whether the persons concerned had been
suspended from their duties during the investigation; whether the rules
concerning the defamation of state officials were not likely to discourage
possible denunciations of torture cases: and whether allegations of acts of
torture or cruel, inhuman or degrading treatment concerning Italy had been
examined by the European Court of Human Rights. Clarifications were requested
on the statement in the report that investigations conducted following
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