CAT/C/VAT/CO/1
Non-refoulement and asylum
20.
The Committee notes with appreciation the State party’s confirmation that the Holy
See would not expel, return or extradite a person to a State where the person might be
tortured, and that amendments to the Criminal Code and Code of Criminal Procedure
attached to the 13 July 2013 Apostolic Letter of Pope Francis elaborate on this matter. The
Committee regrets, however, that there was no data provided in response to inquiries
concerning the number of asylum requests received and granted, particularly in view of the
statement that asylum applications are dealt with and adjudicated by the Italian
Government’s authorities (art. 3).
The Committee recommends that the State party provide in its next report data on the
number of asylum requests received by authorities of the State party located in its
territory or abroad since 2002, as well as the number granted, and whether any
asylum seeker was returned or refused asylum and in which countries. The State
party should ensure that its authorities monitor treatment of any persons seeking
asylum who are sent to Italy to ascertain that they are not subsequently expelled to a
place where they might be in danger of being subjected to torture or ill-treatment.
Training of the Gendarmerie Corps
21.
While noting that the Gendarmerie Corps receives training in human rights, the
Committee is concerned that they are not provided with specific training on the provisions
of the Convention, including the absolute prohibition of torture, and that medical
professionals dealing with persons deprived of liberty and asylum-seekers do not receive
training on the Manual on the Effective Investigation and Documentation of Torture and
Other Cruel, Inhuman or Degrading Treatment of Punishment (the Istanbul Protocol)
(art. 10).
The State party should ensure that training for the Gendarmerie Corps includes the
absolute prohibition of torture, other provisions of the Convention, and the
Committee’s conclusions, decisions and General Comments. It should also ensure that
the Gendarmerie Corps and medical professionals and relevant law enforcement
officers in the State party receive training in the Manual on the Effective Investigation
and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment of
Punishment (the Istanbul Protocol).
Statistical data
22.
The Committee regrets the absence of comprehensive and disaggregated data on
complaints and investigations of cases amounting to violations of the Convention.
The State party should compile statistical data relevant to the monitoring of the
implementation of the Convention, including data on complaints and investigations of
cases amounting to violations of the Convention as well as on means of redress,
including compensation and rehabilitation, provided to the victims.
23.
The Committee invites the State party to consider ratifying the core international
human rights instruments to which it is not yet a party, namely the Covenant on Economic,
Social and Cultural Rights and the Covenant on Civil and Political Rights and their
Optional Protocols, as well as the Convention on the Elimination of All Forms of
Discrimination against Women and its Optional Protocol, the Convention on the Protection
of the Rights of All Migrant Workers and Members of Their Families, the Convention on
the Rights of Persons with Disabilities and its Optional Protocol, and the Convention for
the Protection of All Persons from Enforced Disappearance.
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