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violence allegedly committed against prisoners were covered by the law of
secrecy. Lastly, members expressed concern over the length of criminal or
disciplinary proceedings in cases involving presumed violence.
323. With regard to article 14 of the Convention, members of the Committee
requested clarifications on the conditions in which the victim of an act of
torture could obtain redress, particularly when the offender was a public
official. In particUlar, it was found regrettable that Italian legislation
did not provide for a general system of compensation by the State for victims
of offences but only an obligation of redress limited to the individual
responsible for the offence. It was emphasized that such a state of affairs
was generally prejudicial to possible victims of torture who, very often, were
not able to identify their torturers or to bring legal proceedings. It was
also asked whether rehabilitation programmes for victims had been established.
324. With regard to article 15 of the Convention, members of the Committee
asked whether a statement obtained through torture could be adduced as
evidence in proceedings.
325. Lastly, members of the Committee welcomed the undertaking by the Italian
authorities to publish the report prepared by the European Committee for the
Prevention of Torture following its recent visit to Italy.
326. In his reply, the representative of the State party stated that
conformity with the provisions of international human rights instruments was
assured by adherence to the principle that such obligations prevailed over
domestic law. Meeting obligations under such instruments was the
responsibility of the Interministerial Committee for Human Rights. There was
no Office of an ombudsman in Italy but a similar service was provided by a
special section of the Criminal Court called the Freedom Court, whose
magistrates were empowered to assist in cases where administration was
dilatory or neglectful of a citizen's legitimate interests. The Freedom Court
was also competent to re-ex~nine, within a period of eight days, any decisions
which restricted individual freedom. He added that appointment, transfer and
disciplinary matters concerning jUdges were supervised by the Higher Council
of Magistrature whose independence was enshrined in the Constitution and which
was chaired by the President of the Republic.
327. With reference to the allegations of ill-treatment reported by the press
and non-governmental organizations, the representative admitted that
occasional instances of alleged ill-treatment by the police were inevitable.
In general, however, members of the police acted with a high sense of
responsibility. He briefly described several cases of alleged ill-treatment
by the police, in which the jUdges found no ground for prosecution. Regarding
the specific case of a person who had recently died in custody, he said that
an investigation had been initiated by the Government Procurator's Office
within two days. Details had, however, not yet been released since the matter
was sub jUdice. In other cases of incidents at prisons, investigations had
been initiated by the Government Procurator's Office; one case had been closed
and the investigation in another case was not yet completed. The Department
of Penal Investigation had also instituted proceedings against two prison
officers.
328
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