HUMAN RIGHTS COMMITTEE CONSIDERS REPORT OF ITALY

The Human Rights Committee has considered the fifth periodic report of Italy on how that State party is implementing the provisions of the International Covenant on Civil and Political Rights.

Introducing the report, Gianpiero d’Alia, Vice-Minister of the Interior of Italy, said since the presentation of the fourth periodic report, seven years had elapsed, and it looked like an entire era had passed, as during that time many things had changed in the world. The adjustment process in the economic and social field, the fight against terrorism and organized crime as well as the humanitarian crises would create serious difficulties, but not so much as to make the international community give up the common values of cultures, which were the fundamental rights and the protection of the human being everywhere, in all its aspects. Human rights had gradually become more important in recent years, both domestically and internationally. They had become parameters of reference and evaluation in the relations between States, and at the domestic level, these rights were projected as principles ruling the internal functions of States and the eternal dilemma of the relationship between power and citizens.

In preliminary concluding remarks, Christine Chanet, Committee Chairperson, said the report had been excellent, and the large delegation had been very interested in the subject and in providing every possible shred of information. A number of things were still not completely clear, and there were a few days left to provide clarifications that were requested by the Members of the Committee. A number of plans had been announced, but the delegation should know that these could only be noted, but not acknowledged as something positive, for example with regard to the intention to lift the reservations to the Covenant, and the Committee would have to persevere in asking for these to be lifted. However, a number of positive developments could be acknowledged. Immigration was an issue that had been commented on at great length, in particular with regards to Lampedusa, and recommendations would be made on this topic. The delegation had recognised that Italy had changed from a country of emigration to one of immigration, and it would have to recognise its changed responsibilities in this regard, particularly with regard to not returning people to countries where they could be subject to maltreatment.

Other Committee Experts raised questions and asked for further information on subjects pertaining to, among other things, issues linked to expressions of xenophobia, hatred and intolerance made in the press by public personalities and authorities at high levels which appeared to be left unprosecuted; issues linked to reports that Italy was intercepting boats outside Italian territorial waters that were bringing asylum seekers and illegal immigrants and conducting these boats back to the port of origin, and how Italy could make sure it was implementing and respecting the provisions of the Covenant with regard to these people who were perhaps at risk of torture or illegal detention in their countries of origin; racism, noting that there were sometimes problems with striking a balance between racist speech and the freedom of expression; and whether Italy’s legal authorities accepted that they were bound by the Covenant, in particular with regard to interception of refugees and illegal immigrants on the high seas.

The Committee will issue its formal, written concluding observations and recommendations on the report of Italy towards the end of its session which will conclude on 3 November 2005.

Italy's delegation was also made up of representatives of the Permanent Mission of Italy to the United Nations Office at Geneva, the Ministry of Foreign Affairs, the Coordinator of the Study and Institutional Reports Bureau, the Department for Civil Liberties and Immigration, the Department of Public Security, the Department of Penitentiary Affairs, the Department of Justice Affairs, the Ministry of Defence, the Ministry of Equal Opportunities, and the Interministerial Committee on Human Rights.

Italy is among the 155 States parties to the International Covenant and as such it is obligated to submit reports on its performance aimed at implementing the provisions of the treaty. It is also one of the 105 States parties to the Optional Protocol to the Covenant.

The Committee will reconvene at 11 a.m. on Tuesday, 25 October to continue its discussion of its proposed Revised General Comment on article 14 of the Covenant concerning compulsory primary education free of charge.

Report of Italy

The fifth periodic report of Italy (CCPR/C/ITA/2004/5) says the question of full equality between men and women is one of the Italian Government’s key objectives and is also being pursued through the decisions of the Constitutional Court which, especially in recent years, has issued a number of rulings on the question of equality.

The aim of Italian legislators has been to provide help, through a series of economic and other benefits (employment-related, exemption from medical and other costs, educational grants etc) for all those persons (and their family members) who have suffered fatal or serious injuries as innocent victims of terrorism or organised mafia-style crime.

In Italy, in order to provide better information on the problems involved in conscientious objection, an ad hoc office for conscientious objection and civic service has been set up in the Prime Minister’s Office. Through this National Civic Service Office, the Prime Minister’s Office intends to establish direct contact, mainly in schools, with all young men who are required on reaching the age of majority to indicate whether they wish to opt for conscientious objection.

In relation to Art. 9 of the Convention, the penal code introduced the concept of compensation for unjust detention by effect of a subsequent provision or for violation of Articles 273 and 280 of the penal code. The concept of judicial error, already envisaged in the repealed code, concerns the eventuality of unjust imprisonment following a review of the case and is governed by Art. 643 of the penal code.

Within the more general framework of measures to improve the conditions of prisoners, the Italian Government has devoted particular attention to the condition of female prisoners, in relation to their role as mothers. Drawing on its own experience as a country of emigration, Italy has understood that flows of migrants into the country are not an exceptional situation to be governed using emergency measures, but a natural phenomenon that cannot be stopped, and a source of new vitality to fuel economic development and enable the meeting of different worlds, which is beneficial to nations’ growth and cultural openness. At the same time, however, Italy considers free and uncontrolled immigration to be counter-productive.

Presentation of Report

GIANPIERO D’ALIA, Vice-Minister of the Interior of Italy, said it was an honour to address the Committee, since it was the custodian of rights which by their very nature were part of the human being. Since the presentation of the fourth periodic report, seven years had elapsed, and it looked like an entire era had passed, as during that time many things had changed in the world. They had been years during which phenomena of epic dimensions had taken place, with deep repercussions of a political, economic, social and cultural nature for the entire world. The maintenance of peace and international security, and the prevention and management of crises were priority objectives, requiring a global approach based on a wide and articulate commitment that only an international community sharing the same principles and ethical values could bring forward. The adjustment process in the economic and social field, the fight against terrorism and organised crime as well as the humanitarian crises would create serious difficulties, but not so much as to make the international community give up the common values of cultures, which were the fundamental rights and the protection of the human being everywhere, in all its aspects.

Human rights had gradually become more important in recent years, both domestically and internationally. They had become parameters of reference and evaluation in the relations between States, and at the domestic level, these rights were projected as principles ruling the internal functions of States and the eternal dilemma of the relationship between power and citizens. In the view of Italy, the basic rule, if any, which should guide modern democracies in the protection of rights was the full implementation of the principle of non-discrimination, a principle which represented one of the basic principles of Italy’s constitutional code, from which the legislative function in that country had always been inspired.

The serious dimension of the phenomenon of the flow of foreigners irregularly entering Italy was becoming an ever-growing concern, and it was in this context that Italy was engaged in the implementation of a comprehensive law on political asylum. In facing the problems, whether they were those of asylum or illegal immigration, the respect for the fundamental rights of people was the first criteria that guided Italy. Terrorism, although a similar argument could also be used for other relevant phenomena such as organized crime at the national or transnational level, or for the trafficking in human beings or the submission of persons to new forms of slavery, represented a threat against all liberal and tolerant societies. Prevention and suppression should go promptly hand in hand according to a new judicial approach which fully respected constitutional values. The Italian Government had moved in the right direction to obtain maximum security with the minimum limitation of the right to freedom.

Response by the Delegation to Written Questions Sent to the State Party Before the Meeting

The delegation said that with regard to constitutional control and fundamental rights, the Italian Constitution protected in a rigorous and strict way the rights guaranteed by the Covenant, and these fundamental rights were totally respected and characterised the democratic system of Italy, and there should be no doubts about them. On the topic of torture, there was no mention of this in the Criminal Code, but this did not mean that it was tolerated. Torture did not exist in Italy, as this was a practice far from Italian mentality, and some sections of the Criminal Code severely punished such behaviour, even though the term “torture” was not included in the Code itself. Moreover, Italy was considering the possibility of inserting prohibition of the crime of torture into its system, through a wider and more comprehensive definition than that of the relevant international conventions.

Speaking on the right to a fair trial, the delegation said that Italy intended to improve its legal institutions, with only one limit: any future initiative should aim at enlarging the sphere of human freedom and rights, rather than reducing it, and in some situations it would therefore be unfortunately necessary to make some choices. With regards to the situation concerning prisons, there were in Italy two basic problems: overcrowded prisons and the high number of non-European Union prisoners. On the former, a plan for the construction of new prisons was in progress; on the latter, the situation was caused by two problems: a high level of crime relating to non-nationals illegally in Italy; and that in practice it was difficult to apply to these detainees alternative measures to detention. Italian legislation provided that any foreign national, even if not legally resident in the country, could be granted legal aid at the expense of the State, without exception. Respect for human dignity was one of the basic principles of the penitentiary legislation, and this entailed the effective application of the principle of non-discrimination. The provisions of the Italian Constitution and related legislation were among the most advanced, particular in the fight against any form of discrimination.

Italy was convinced that a legal system based on freedom should have its own unity and inner coherence so that it could be evaluated as a whole. A legal system aimed at ensuring the highest level of guarantees required that the related proceedings should emphasise the content of such rights, instead of diluting the impact of its most significant aspects, and therefore Italy gave priority to the protection system of freedoms, the delegation said.

General Framework in which the Covenant is Implemented

Italy had started, in May 2005, an in-depth review of the Constitution, to assess the reservations to the Covenant. Apart from reservations to articles 14 and 19, Italy was now in a position to withdraw all the remaining reservations. On the Italian side, measures had been taken to fully ensure the respect of the Covenant, and even to go beyond this, including with regard to Italian troops and police officers stationed abroad.

Counter-Terrorism Measures and the Observance of the Provisions of the Covenant

Measures had been taken to combat terrorism, but without harming fundamental human rights. They were mostly preventative measures, the delegation said.

Principles of Equality and Non-Discrimination

There was broad legislation to defend man-woman equality in Italy, and measures would be adopted for reverse discrimination, and affirmative action so that women could carry out tasks and enjoy rights that had not been possible in the past, the delegation said. The Italian Constitution had been revised, and legislation would be enacted to reform it in the context of political equality between the sexes. On discrimination matters, these were taken very seriously. The idea was not to have any forms of discrimination. Apart from laws, a Committee against discrimination and anti-Semitism had been set up. On racist propaganda in political sectors, in Italy any form of incitement to hatred was punishable under the criminal code, and they were indeed punished in this way. The Criminal Code and systems for monitoring the issue were at work not just at the preventative level, but also to remedy it. With regards to nomads, this was a very serious issue. Italy had tried to respect the specificities of this group of people. They were not considered as a minority, as nomads did not live on a given territory. There were measures in their regard, some of which could be improved, but these measures did already exist.

Right to Life and the Prohibition of Torture and Inhuman and Degrading Treatment and Punishment

Italy was currently looking at the possibility of including standards in the Criminal Code to bring it into line with international standards, in particular with regards to torture, although acts of this nature were forbidden. Regarding the issues related to the G8 Summit in Genoa, when the question went before the magistrates, the Government could no longer take action, as the judiciary was independent. Information could be given regarding the outcome of the case. Training of law-enforcement officers in human rights was on the agenda for all levels of law enforcement. Additional information on training programmes would be provided.

In Italy, nobody hit anybody else because they belonged to another group, although in particular situations accidents could occur, but it was not because the Police was dealing with nomads or foreigners, and it would be the same were they dealing with Italians, the delegation said. If the Committee had knowledge of specific cases of times when individuals were ill-treated, then Italy would get more information on the topic. Regarding the carabinieri and the prison police, there was a need for the Committee to clarify what information they required, as these officers did not inflict ill-treatment on detainees.

On the outsourcing of airport security, the delegation said that there were some cases where this had been passed on to private firms, but ultimately State officials were in charge. In tackling the problem of illegal immigration in the context of reports that authorities had intercepted boats heading for Italy and expelled many people from the island of Lampedusa, Italy had to keep its cool, as a lot of media coverage was given to this issue, even beyond the normal limits. The delegation had tried to give all the information possible.

Prohibition of Slavery and Servitude

Italy did not confine itself to legislation which punished those guilty of trafficking - its aim was to achieve social goals. There was a very progressive law which provided assistance to victims of trafficking. There was a need for cooperation, including from the victims, as it was difficult to help people who did not want to be helped; they had to be ready to enter the welfare system and eventually to get jobs. Should the Committee deem it necessary, Italy could describe the general picture and the difficulties faced with regard to trafficking and prostitution.

Oral Questions by Committee Experts

Committee Members asked other questions and made comments on varied topics, including issues linked to expressions of xenophobia, hatred and intolerance made in the press by public personalities and authorities at high levels which appeared to be left unprosecuted; whether the main reason to strengthen the law regarding war crimes was to protect the armed forces of Italy, or the civilian population and armed forces of the “enemy”; issues linked to reports that Italy was intercepting boats outside Italian territorial waters that were bringing asylum seekers and illegal immigrants and conducting these boats back to the port of origin, and how Italy could make sure it was implementing and respecting the provisions of the
Covenant with regard to these people who were perhaps at risk of torture or illegal detention in their countries of origin; the work and results of that work of equality counsellors tasked with referring cases of gender discrimination to the courts; why the delegation had referred to the Roma as nomads, as this was not necessarily correct, and other issues linked to their exclusion by society; and reports of misbehaviour on the part of some law officials, including mistreatment and verbal violence, with regards to certain groups of citizens who were particularly likely to be the victims of this behaviour.

Response by Delegation to Oral Questions

Responding to these and other questions, the delegation said with regard to the reservations to the Covenant, some of these had been removed. On gender equality and women’s role in politics, the role of the equality counsellors, and what happened to the victims of trafficking, a general response was given, and the delegation said it took note that an Expert had said Italy should take measures in order to increase women’s participation in political life, although some already had been adopted. The presence of women in the European Parliament had increased. The Equality Counsellors received complaints on discrimination, and once a case had been submitted, a move to action had to be taken. The counsellor could represent the case before a judge in cases on discrimination, including gender discrimination.

All victims of trafficking were protected, and all traffickers prosecuted, whatever the legal status of the individual, their nationality and their origin. The law on cooperation did not have any effect on the prosecution of the perpetrators, nor upon the protection of the victim, nor on the rehabilitation programme set up by the Government, which had had excellent results. A large number of programmes had been adopted, the delegation said. In 2004, there had been no convictions for racist crimes and xenophobia, although there had others in previous years, however, the prosecutions had been dropping steadily. Private companies who managed airport security were carefully selected.

Italy had amended the military code of war, and reviewed the criminal code when faced with the need to provide protection to the populations in which its armed forces intervened in a context of full respect of human rights, the delegation said. It had been necessary to prepare adequate norms to prepare members of the army and police who participated in international operations. Any allegations that Italy had denied asylum or had headed off any immigrants heading for Lampedusa were groundless. The coast guard vessels which were competent for safeguarding human life at sea worked not only within territorial waters but also in the Search and Rescue Zone which was entrusted to Italy on the basis of international treaties and went far beyond national waters. These vessels only carried out rescue operations, and had never carried out refoulement operations. Only this summer, there had been 550 rescue operations carried out, and about 5,000 people saved, none of which would have survived if the coast guard had not intervened. These reports had been devised to embarrass the Italian Government. All refoulement decisions were taken on an individual basis, and only the means of transport were chosen unilaterally. No violence was committed on migrants during refoulement charter flights, during which time there were two unarmed and specifically trained police officers per migrant.

Regarding violence during the global forum in Naples, 31 members of the State police had been involved, the delegation said. In Genoa, 46 members of the police had been dismissed, 12 carabinieri, and 19 criminal police. These were singular events in the post-war period. This was the result of scientifically-organised provocations. Both chambers indicated the exceptional nature of the challenge posed to the forces of law and order after propaganda and other matters of this kind. A vade mecum had been issued to the police on how to deal with such situations, and it had been recognised as being a most excellent example of its kind. Everything worked well in Genoa the next year when there was a demonstration to commemorate the events of the previous year, and no one had been injured or died.

The introduction of the 1996 Act on Sexual Violence had proved very effective with regards to domestic and sexual violence. Another important aspect was the introduction of a new act in 2001 envisaging the possibility to make the violent person leave the house by judicial order. The judge could also order that a convicted person or defendant could not approach places where the victim could be met. The provision was aimed at protecting the victim of violence from the possibility of being threatened after reporting violence. Victims could also receive money if they were without means of subsistence.

With regards to the Roma, sectoral classes were forbidden, the delegation said, and there were no classes where there were only Roma or foreigners. Italian teachers had training to deal with children of other cultures. The Nomads Association committed itself to cooperating with participation by Roma children in schools and to ensure their attendance, as well as to train Roma staff to these ends; this was true for health as well. As they were a transient community, there were various problems, but initiatives were being planned to cover these.

Further Questions by Committee Experts

Committee Experts then made further comments, raising such issues as racism, noting that there were sometimes problems with striking a balance between racist speech and the freedom of expression; whether Italy’s legal authorities accepted that they were bound by the Covenant, in particular with regard to interception of refugees and illegal immigrants on the high seas; how decisions were made with regards to which refugees and illegal immigrants were returned, and which were not; and what prosecutions or other disciplinary measures had been implemented against police officials other than in the context of the events in Genoa and Naples.

Response by Delegation

The delegation responded briefly to these questions and issues, saying, among other things, that regarding immigrants, Italy was on its own, as countries in the European Union were moving very slowly, and Italy was the first door, dealing with emergency situations and interceptions at sea, saving many lives. There was a need for greater cooperation, and Italy was asking this of the European Union and of the Committee; if cooperation was developed, then progress would be possible. Italy’s Constitution provided power to the regions, and it did not just have to deal with the Roma and those who had chosen the nomadic life-style, but also with regional institutions that had their own powers in this field. The delegation also explained the process of reception for illegal immigrants and refugees who were intercepted on the high seas. After non-asylum seekers were separated out, the situation of asylum seekers was evaluated. The activities in Lampedusa were that of refoulement to the border. Italy was trying to provide a more efficient reception structure there.

Questions by Experts

Committee Experts then asked for more information on various issues, including on judicial decisions that had been handed down in response to the events in Genoa; issues linked to paragraph 2 of article 20 of the Covenant; further clarifications with regards to the process taking place in Lampedusa; that the Committee was trying to understand the magnitude of the problem with regards to expressions of racism in the context of the freedom of expression and the tolerance of the broadest possible range of views and opinions; issues linked to official languages and minority languages and what the criteria were; whether a current Bill on the Italian Commission on Human Rights going through legislation was in accord with the Paris Principles and whether the Government proposed to amend the provisions of the Bill to make it in conformity with the Principles; legal aid provisions and how many people had taken advantage of this and whether it was guaranteed in all cases; and issues linked to the length of incommunicado detention and what other measures were in place to ensure that the individual was not held at the sole mercy and discretion of the detaining and interrogating authority.


Response by Delegation

Responding to these questions, the delegation said that Italy wished for relations to be more extended and more fruitful with the Committee, and that that would be most helpful. The number of detainees in prison had increased considerably over the last two decades. Every effort was being made to guarantee the full respect of human rights to detainees. There was a medium-range programme to build twelve new prisons, and work was already in progress for improving older prisons. Work was being done to make prisons meet European standards. New rights and new possibilities would be opened up to detainees. There were training courses to teach Italian to foreign detainees, and the Government had programmes to try to create a bridge between them and the Italians. Italy had signed bilateral agreements with some States to allow foreigners to serve their sentence in their country of origin, in particular mothers with babies. A bill was being introduced regarding the imprisonment of mothers with children under the age of ten, envisaging special house arrest in their regard.

Judicial authorities were informed of any abuses of authority by law enforcement personnel, and they then implemented a secret investigation, the delegation said, which then led to the filing of the case, if no offence was committed, or the start of criminal procedures, which had to be concluded before disciplinary measures were taken. The disciplinary committee met twice a month to decide on the punishments for law officials who had committed offences, but only following the conclusion of the criminal proceedings. If there were no penal sanctions, there could be disciplinary sanctions.

The bureau of the Public Ministry had been reorganised, and disciplinary action planned where necessary against judges. Justices of the peace, the delegation said, were called to deal with questions of lesser importance, and were able to deal with criminal cases which were less important in nature, with the aim of lessening the burden of work on regular judges. In order to become a justice of the peace, there was a need for a doctorate in jurisprudence, or to have been working as a lawyer. On the administration of justice, the Constitution said that there were no possible derogations in terms of the maximum possible detention period, and this was of 96 hours, with 48 in detention, following which the judiciary had to be informed and validate the measure of detention - if this did not happen, then detention was annulled. Regarding the five-day period, this was referring to the maximum length of time in which a hearing of the detainee had to be held. Free legal assistance was automatic, and there was no need to make a request in this regard.

On journalists and defamation, the delegation said that Italy was not aware of any cases where the sentence of imprisonment was handed down for this crime, but it would investigate the issue. One Senator, who had been pardoned recently by the President of the Republic, had been judged for defamation. The Pinto law had introduced into the Italian system a remedy in case there was not a reasonable length of time for judicial proceedings to last and for those who felt their trial had not lasted a reasonable period of time. On the protection of the family life in the case of expulsion, this was sometimes used as an alternative to detention. Persons who lived with the expulsed person up to the fourth degree and pregnant women were all protected in this circumstance. Expulsions were sometimes resorted to as a security measure, but only in the most serious of cases where a sentence greater than ten years in prison was the appropriate penalty. The Constitution provided for private life to be as something protected by the law, the delegation said.


Preliminary Remarks

CHRISTINE CHANET, Committee Chairperson, said the discussion had been particularly interesting, and had gone into a lot of depth. It had been colourful and interesting. The report had been excellent, and the large delegation had been very interested in its subject and in providing every possible shred of information. A number of things were still not completely clear, and there were a few days left to provide clarifications that were requested by the Members of the Committee. The written answers had been provided, and if they were not in time, this was due to the Committee and it’s internal workings, and this was very much regretted. The delegation had clearly shown its cooperation, and its work had been of very high standard.

A number of plans had been announced, but the delegation should know that these could only be noted, but not acknowledged as something positive, for example with regard to the intention to lift the reservations to the Covenant, and the Committee would have to persevere in asking for these to be lifted. However, a number of positive developments could be acknowledged, in particular the transmission of the provisions of the Covenant to armed forces functioning outside Italy. As far as the concerns that were mentioned but were not covered completely, there were a number of questions, including racism and xenophobia. The Committee was told that Italy was aware of this problem, which took place in many areas of Europe, but some xenophobic and racist opinions had been given air on television or the radio, and had gone around the world. The Committee wanted to know what follow-up had taken place, and what legislation punished this type of expression, and what could be done.

Immigration, Ms. Chanet said, was an issue that had been commented on at great length, in particular with regards to Lampedusa, and recommendations would be made on this topic. The delegation had recognised that Italy had changed from a country of emigration to one of immigration, and it would have to recognise its changed responsibilities in this regard, particularly with regard to not returning people to countries where they could be subject to maltreatment. There was a slight misunderstanding with regards to the question of the Roma, and this was something that happened quite often, and this was that the Roma were often looked at through the prism of anti-discrimination. Italy had not yet equipped itself with any specific protections for the Roma, but the Convention stipulated that the State had to provide and guarantee to minorities the protection of their rights. How many complaints were there with regard to cases of violence committed by law-enforcement officials, and what was the follow-up on this score, she asked, noting that Italy had been condemned for mistreatment of the poor in prisons.

In many countries, not only in Europe, the trend, which could not be accepted, was to extend pre-trial detention, Ms. Chanet said, and some countries were even going as far as considering three months. Five days was excessive. With regards to the media, due to the concentration in terms of advertising, among others, Italy needed to ensure that pluralism through the media, radio and television would be better guaranteed. With regards to the independence of the judiciary, there was a weakness in the Superior Council of Magistrates, and this could be improved. There was quite a bit of tension between judges, lawyers, the political authorities and powers, and Italy, as was the case in many countries, needed to move forward in guaranteeing the independence of judges, as this was an important guarantee of rights.

For use of the information media; not an official record

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