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 AI Index: EUR 01/010/2007

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