immediately if he so wished. Unless there was an order for release or removal
to a medical institution, all detained persons had to be brought before a
magistrate within 24 hours. Specific instructions about the conduct of
interrogations, especially with regard to the first phase, had been issued.
Furthermore, any interrogation had to be conducted in the presence of a jUdge
and officially recorded.
334. With regard to articles 12 and 13 of the Convention, the representative
stated that'disciplinary procedures should normally be completed within a
period of 90 days and that provision was made for the suspension of a law
enforcement official during the period of the proceedings. Replying to
another question, the representative emphasized that only four cases of
alleged ill-treatment had been brought to the attention of the European Court
of Human Rights. Of those, two had been withdrawn, one had been deemed
inadmissible, and in one case no violation had been found.
335. As concerned article 15 of the Convention, the representative explained
that article 191 of the new Code of Penal Procedure provided that evidence
obtained by illegal methods could not be used in any proceedings.
339,
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341.
Concluding observations
336. In concluding the consideration of the initial report of Italy, the
Committee expressed its appreciation to the high-level Italian delegation for
having engaged in a very fruitful dialogue. Replies had indeed been received
to many of the Committee's questions. However, a few questions relating,
inter alia, to the organization of the legal system, the new Code of Criminal
Procedure and the expulsion or extradition of foreigners remained to be
answered or completed in the first supplementary report. The establishment of
the Freedom Court and of the Interministerial Committee for Human Rights were
considered to be appropriate examples of Italy's commitment to human rights
and its international obligations.
337. The Committee nevertheless considered that its concerns had not been
fully allayed, especially with regard to the method of integrating
international standards into domestic law by way of the Act of Ratification.
It observed that consideration should be given by the Italian authorities to
the possibility of including a definition of torture in its legislation and
making all acts of torture puni.shable by appropriate penalties. Attention
should also be given to speeding up domestic remedies. The Committee was
concerned at the absence of a system of compensation for victims and it was
emphasized that, in accordance with the Convention, the State should be held
civilly responsible for the acts of its servants. It was also suggested that
special chapters of the Convention be included in the handbooks issued to
Italian police personnel and made available to members of the medical
profession.
338. Lastly, the Committee said that it had no doubt that torture was not
systematically practised in Italy. The various cases referred to during the
consideration of the report seemed to be more in the nature of cruel, inhuman
or degrading treatment than acts of torture within the meaning of the
Convention. Nevertheless, the authorities had to deal with such cases
energetically and within the statutory limits, and references to measures
taken in that respect should be included in the first supplementary report of
Italy.
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