CAT/OP/ITA/1 This is particularly worrying in the light of the absence in the State party of a functional and independent NPM to ensure adequate standards and to reduce the risk of abuses. 31. The Subcommittee recommends that the State party reinforce its legislation, including sub legislation, to strengthen the protection of migrants against torture and ill-treatment, in particular in the collection of fingerprints and avoids detention of migrants for the sole purpose of identification. Further, the SPT also recommends that the authorities ensure the presence of medical staff and independent monitors at the “hotspots” and recommends that the State party improve its training of personnel working with migrants, including on the Istanbul Protocol and other international standards. The SPT wishes to be informed on the further developments in the establishment and the management of the “hotspots”, as well as safeguards against torture and ill-treatment put in place by Italy in these facilities. Prohibition of torture 32. The SPT wishes to express its grave concern that, despite more than 20 years of discussions in Parliament, the Italian Penal Code still does not contain a specific provision which penalises the crime of torture. The SPT is concerned about the fact that this situation may justify tolerance of acts prohibited under the Convention against Torture and may create actual or potential loopholes for impunity. 33. The SPT urges the authorities to redouble their efforts to introduce as soon as possible the crime of torture into the Penal Code, in accordance with Italy’s longstanding international obligations and in conformity with articles 1 and 4 of the Convention against Torture. Further, with a view to reinforcing the dissuasive force of such a specific offence, the necessary steps should be taken to ensure that the crime of torture is never subject to a statute of limitations. Prohibition of refoulement and collective expulsion 34. The SPT notes with appreciation that the Legislative Decree 286/1998, article 19(1), prohibits the refoulement of an individual to a State in which he or she risks persecution on the grounds of race, gender, language, citizenship, religion, political opinion, personal or social conditions, or risks to be sent to another State in which he or she is not protected from persecution. It also notes positively that the article 19(2) of the decree prohibits the refoulement of individuals under the age of 18; those in possession of a residence permit; individuals who live together with a relative or their spouses of Italian origin; pregnant women, and women who are caring for their child that is less than six months old. 35. However, the SPT is concerned that, according to Legislative Decree 286/1998, the Questura can reject individuals at the border without the validation by any judicial authority. While individuals can challenge such a decision by appealing to the Regional Administrative Court or through an Italian diplomatic representative abroad, the SPT questions the effectiveness of this procedural guarantee in practice. 36. Expulsion orders, on the other hand, must be validated by the competent justice of the peace within 48 hours, providing reasons for the expulsion. The SPT notes that individuals have the right to legal aid and assistance and interpretation services if necessary and can appeal against the expulsion. However, the appeal does not suspend the execution of the order.6 The SPT is of the view that the point of a preventive safeguard is that it should be able to prevent potentially irreversible harm to the individual. An ongoing legal 6 8 Operational Manual for public security officers tasked with escort services abroad related to foreign citizens subject to orders for removal from the national territory.