CAT/C/ITA/CO/4
page 8
some cases be subject to the statute of limitations. The Committee is of the view that acts of
torture cannot be subject to any statute of limitations and it welcomes the statement made by the
State party's delegation that it is considering a modification of the time limitations. (arts. 1, 4, 12
and 16)
The Committee recommends that the State party should:
(a)
Strengthen its measures to ensure prompt, impartial and effective
investigations into all allegations of torture and ill-treatment committed by law
enforcement officials. In particular, such investigations should not be undertaken by
or under the authority of the police, but by an independent body. In connection with
prima facie cases of torture and ill-treatment, the suspect should as a rule be subject
to suspension or reassignment during the process of investigation, especially if there
is a risk that he or she might impede the investigation;
(b)
Try the perpetrators and impose appropriate sentences on those convicted in
order to eliminate impunity for law enforcement personnel who are responsible for
violations prohibited by the Convention; and
(c)
Review its rules and provisions on the statute of limitations and bring them
fully in line with its obligations under the Convention so that acts of torture as well
as attempts to commit torture and acts by any person which constitute complicity or
participation in torture, can be investigated, prosecuted and punished without time
limitations.
Compensation and rehabilitation
20.
The Committee regrets the absence of a specific programme to safeguard the rights of
victims of torture and ill-treatment. The Committee also regrets the lack of available information
regarding the number of victims of torture and ill-treatment who may have received
compensation and the amounts awarded in such cases as well as the lack of information about
other forms of assistance, including medical or psychosocial rehabilitation, provided to these
victims. However, the Committee welcomes information provided by the State party on the
amendment in March 2007 of Senate Act No. 1216 referring to the introduction of the crime of
torture, in order to introduce a domestic fund for the victims of torture. (art. 14)
The State party should strengthen its efforts in respect of compensation, redress and
rehabilitation provided to victims, including the means for as full rehabilitation as
possible and develop a specific programme of assistance in respect of victims of
torture and ill-treatment.
Furthermore, the State party should provide in its next periodic report information
about any reparation programmes, including treatment of trauma and other forms
of rehabilitation provided to victims of torture and ill-treatment, as well as the
allocation of adequate resources to ensure the effective functioning of such
programmes. The State party is encouraged to adopt the necessary legislation,
establish a domestic fund for victims of torture and allocate sufficient financial
sources for its effective functioning.