CAT/OP/ITA/1
I. Introduction
1.
In accordance with its mandate under the Optional Protocol to the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (“the
Optional Protocol” or OPCAT), the United Nations Subcommittee on the Prevention of
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
(“Subcommittee” or “SPT”) conducted a visit to Italy from 16 to 22 September 2015.
2.
The SPT members conducting the visit were: Mr. Hans-Jörg Bannwart (Head of
Delegation), Mr. Malcolm Evans (Chair of the SPT), Mr. Paul Lam Shang Leen (Vice
Chair of the SPT), and Ms. Margarete Osterfeld. The SPT was assisted by three human
rights officers from the Office of the United Nations High Commissioner for Human Rights
(OHCHR) and interpreters.
3.
The primary objective of the visit was to assess the system of immigration detention
in Italy. The SPT met with government officials, the Human Rights Commission of the
Senate, representatives from non-governmental organisations, as well as the Office of the
United Nations High Commissioner for Refugees (UNHCR) and the International
Organisation for Migration (IOM), and visited a variety of facilities used to hold migrants
in Rome, Trapani, Pozzallo, Turin and Bari (see Annexes I and II).
4.
This report contains the SPT’s findings and recommendations concerning the
prevention of torture and ill-treatment of persons deprived of their liberty in immigration
detention facilities. The term “ill-treatment” is used to refer to any form of cruel, inhuman
or degrading treatment or punishment.
5.
The present report will remain confidential until such time as the State decides to
make it public, as stipulated in OPCAT, Article 16(2). The Subcommittee firmly believes
that the publication of this report would contribute positively to the prevention of torture
and ill-treatment in the State party, as the widespread dissemination of the
recommendations would foster a transparent and fruitful national dialogue on the issues
covered. The Subcommittee therefore recommends that Italy request for this report to
be published, as other States parties to the OPCAT have done.
6.
The Subcommittee wishes to draw the State party’s attention to the Special Fund
established in accordance with Article 26 of the OPCAT. Recommendations contained in
Subcommittee visits reports that have been made public can form the basis of an
application for funding of specific projects through the Fund.
II. Cooperation
7.
The SPT acknowledges the cooperation and assistance it received in advance, as
well as during its visit. However, there were a number of unsatisfactory elements that merit
mention. With regard to information, much of it was received belatedly, was sometimes
outdated, inaccurate, incomplete and not relevant to the visit’s stated focus on immigration
detention. In some instances, access to certain information that would have been of value to
the delegation was denied.
8.
Access to detention facilities during the visit was also sometimes problematic, was
denied completely on one occasion and initially impeded on another. The pre-arranged
means of assisting in such cases proved inadequate to address these obstacles. The
cooperation with staff once access to the detention facilities had been secured was generally
satisfactory and private access to detained migrants was also ensured.
9.
The SPT was disappointed not to be able to meet with as broad a range of high-level
authorities as it would have wished. The possibility of undertaking a short follow-up visit
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