CAT/C/ITA/CO/4
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inhuman or degrading treatment or punishment in the country where he/she would
be returned to.
12.
The Committee is particularly concerned that article 3 of the “Pisanu Decree” has
introduced a new procedure of expulsion of both regular and irregular migrants suspect of being
involved in terrorist activities, which, according to the State party, will be in force until 31
December 2007 as an exceptional measure of prevention. The Committee also expresses its
concern at the immediate enforcement of these expulsion orders, without any judicial review,
and is concerned that this expulsion procedure lacks effective protection against refoulement.
(arts. 2 and 3)
The Committee recalls the absolute nature of the right of each person not to be
expelled to a country where he/she may face torture or ill-treatment and urges the
State party to reconsider this new expulsion procedure. When determining the
applicability of its non-refoulement obligations, under article 3 of the Convention,
the State party should examine thoroughly the merits of each individual case and
ensure that adequate judicial mechanisms for the review of the decision are in place.
Universal jurisdiction
13.
The Committee notes the State party’s assurances that the Convention applies to the acts
of Italian troops or police officers who are stationed abroad, whether in a context of peace or
armed conflict. However, the Committee expresses its concern at the way in which the
competent authorities, notably the judicial authorities, conducted the proceedings in respect of
the incidents in Somalia involving Italian troops as well as the lack of detailed information on
the progress and result of the judicial proceedings resulting from these incidents, as requested by
the Committee in its previous conclusions and recommendations (A/54/44, para. 169(b)). (arts. 5
and 12)
The State party should make sure that it acts in compliance with article 5 of the
Convention and take the necessary measures to ensure prompt, impartial and
effective investigations into all allegations of torture and ill-treatment committed by
law enforcement officials and Italian troops, in Italy or abroad, and try perpetrators
as well as impose appropriate sentences on those convicted.
Extradition
14.
The Committee notes with concern how the competent judicial authorities have dealt
with a request for extradition in respect of an Argentinean military officer caught in Italian
territory in 2001 under an international warrant of arrest issued by France for the abduction and
torture of a French citizen in Argentina in 1976. (arts. 7 and 9)
The State party should take the necessary measures to establish its jurisdiction over
acts of torture in cases where the alleged offender is present in any territory under
its jurisdiction, either to extradite or prosecute him or her, in accordance with the
provisions of the Convention.
Training
15.
The Committee takes note with appreciation of the detailed information provided by the
State party on training for its law enforcement officials, penitentiary staff, border guards and