The Committee recommends that the State party should take effective measures to:
(a)
Send a clear and unambiguous message to all levels of the police force hierarchy and to
prison staff that torture, violence and ill-treatment are unacceptable, including through the
introduction of a code of conduct for all officials;
(b)
Certify that those who report assaults by law enforcement officials are protected from
intimidation and possible reprisals for making such reports; and
(c)
Ensure that law enforcement officials only use force when strictly necessary and to the
extent required for the performance of their duty.
Furthermore, the State party should report to the Committee on the progress of the judicial and
disciplinary proceedings related to the above-mentioned incidents.
(18) The Committee is concerned at reports that law enforcement officers did not carry identification badges
during the demonstrations in connection with the 2001 G8 summit in Genoa which made it impossible to identify
them in case of a complaint of torture or ill-treatment (arts. 12 and 13).
The State party should make sure that all law enforcement officials on duty be equipped with visible
identification badges to ensure individual accountability and the protection against torture, inhuman
or degrading treatment or punishment.
Prompt and impartial investigations
(19) The Committee is concerned at the number of reports of ill-treatment by law enforcement agencies, the
limited number of investigations carried out by the State party in such cases, and the very limited number of
convictions in those cases which are investigated. The Committee notes with concern that the offence of torture,
which as such does not exist in the Italian Criminal Code but rather is punishable under other provisions of the
Criminal Code, might in 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
56
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents