72
Europe and Central Asia
Summary of Amnesty International’s Concerns in the Region, January – June 2007
recommended that Italy urgently take
appropriate measures to considerably
reduce the length of preventive detention
and restrict such detention to those cases
where it is deemed to be strictly necessary
and also encouraged Italy to apply
alternative non-custodial measures. The
Committee further urged Italy to establish
an independent national human rights
institution, in accordance with the UN
Principles relating to the Status of National
Institutions (the Paris Principles).
Regarding detention of asylum-seekers, the
Committee stated that Italy should take
effective measures to ensure that detention
of asylum seekers and other non-citizens
was used only in exceptional circumstances
or as a measure of last resort, and then
only for the shortest possible time and that
Italy should also ensure that courts carried
out a more effective judicial review of the
detention of these groups. The Committee
further urged Italy to adopt appropriate
measures to ensure that all asylum seekers
had access to a fair and prompt asylum
procedure and to proceed with the adoption
of a comprehensive legislation on political
asylum.
Regarding the risk of refoulement, the
Committee expressed particular concern
regarding collective expulsions from the
island of Lampedusa and recommended
that Italy should ensure that it complied
fully with article 3 of the Convention against
Torture
regarding
refoulement;
that
individuals under the Italy’s jurisdiction
received appropriate consideration by its
competent authorities; and that there be
guaranteed fair treatment at all stages of
the proceedings, including an opportunity
for effective, independent and impartial
review of decisions on expulsion, return or
deportation. The Committee stated that
Italy should ensure that the relevant alien
policing authorities carried out a thorough
examination, prior to making an expulsion
order, in all cases of foreign nationals who
have entered or stayed in Italy unlawfully,
in order to ensure that the person
concerned would not be subjected to
torture, inhuman or degrading treatment or
Amnesty International
punishment in the country to which he or
she would be returned.
The
Committee
expressed
particular
concern regarding the so-called “Pisanu
Law” (see above), highlighting that it lacked
effective protection against refoulement.
The Committee reminded Italy that when
determining the applicability of its nonrefoulement obligations, under article 3 of
the
Convention,
it
should
examine
thoroughly the merits of each individual
case and ensure that adequate judicial
mechanisms for the review of the decision
were in place.
Regarding
policing,
the
Committee
recommended that all law enforcement
officers were adequately equipped and
trained to employ non-violent means and
only resort to the use of force and firearms
when strictly necessary and proportionate.
It stated that “in this respect, the Italian
authorities should conduct a thorough
review of current policing practices,
including the training and deployment of
law enforcement officials in crowd control
and the regulations on the use of force and
firearms by law enforcement officials.”
The
Committee
noted
with
concern
continued allegations of excessive use of
force and ill-treatment by law enforcement
officials. The Committee was particularly
concerned at reports emerging of alleged
excessive use of force and ill-treatment by
law enforcement officials during the
demonstrations in Naples (March 2001) in
the context of the Third Global Forum, the
G8 Summit in Genoa (July 2001) and in Val
di Susa (December 2005). The Committee
recommended that Italy ensured that law
enforcement officials only use force when
strictly necessary and to the extent
required for the performance of their duty
and 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.
Regarding
accountability
for
law
enforcement officials who engage in
disproportionate and unnecessary violence,
the Committee recommended that Italy
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