Communication AL ITA 1/2023: The Iuventa case and potential obstacles to SAR activities in the Mediterranean sea

On 7th February 2023, Special Rapporteurs Mary Lawlor, Clement Nyaletsossi Voule, and Felipe González Morales addressed communication AL ITA 1/2023 to the Italian government. The primary concern expressed in the communication is the trial of human rights defenders and members of the Iuventa Search and Rescue Crew in Trapani and the violation of due process. The Iuventa ship was impounded by Italian authorities in August 2017, following which communication ITA 5/2020 was addressed to the government. 

The communication states that after a four-year investigation, in early 2021, the Trapani prosecutors charged the Iuventa crew and 17 other individuals, including two NGOs and a shipping company, with the offence of aiding and abetting unauthorised immigration under Legislative Decree 286/1998 (single act on immigration). The Court of Trapani opened preliminary criminal proceedings on May 21, 2022. The rapporteurs expressed concerns over the alleged prosecution’s failure to comply with due process and the authorities' failure to provide the defendants with translation and interpretation services, which denies the right to a fair trial. 

The Communication also addresses the new restrictions imposed on civilian search and rescue (SAR) operations through a new Decree-Law adopted in January 2023 which grants power to the Minister of Interior to limit or prohibit the transit or stay of civilian SAR ships in Italian territorial waters and lays out extensive requirements for ships to avoid exclusion or restrictions. The rapporteurs raise serious concerns over rescue ships being increasingly asked to disembark at ports in northern and central Italy instead of the nearby ports, which exposes the rescued migrants to increased risks.  

The communication refers to several international human rights and maritime law obligations that Italy has been violating. The Special Rapporteurs requested the government to explain the reason for participating as a plaintiff in the criminal trial against Iuventa crew member; assure the defendants' rights to a fair trial, which includes providing sufficient interpretation services and complete translations of the case files; examine the legality of port disembarkation procedures and other provisions of Decree-Law 2 January 2023, n. 1, in light of international human rights and maritime regulations; and take immediate action to safeguard human rights defenders and stop further abuses.

The Italian government responded to the communication in April 2023, defending its practice of assigning distant disembarkation ports. It stated that this practice ensures safety and public order. Regarding the violation of fair trial standards, the government mentioned that due process had been followed, and the German defendants were assisted by two German-speaking interpreters. The government also defended the 2023 decree-law, stating that it aims at balancing the need to ensure the safety of persons recovered at sea with that of protecting public order and safety. The government concluded by stating its willingness to cooperate with all UN Special Procedures.

Communication AL ITA 2/2023: Medical negligence at childbirth

Rapporteurs Dorothy Estrada-Tanck, of the Working Group on discrimination against women and girls; Tlaleng Mofokeng, Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health; Alice Jill Edwards, Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, and Reem Alsalem, Special Rapporteur on violence against women and girls, its causes and consequences, jointly addressed a communication to the Italian government on 19 April 2023, stating concerns about medical negligence during and after childbirth at the “Careggi” University Hospital in Florence. The communication focuses on the case of Ms. Regina Michele Tedsen and her mistreatment, including several procedures like painful and multiple vaginal examinations without informed consent. The communication mentions that Ms. Tedsen was denied water and pain relief medications during labour. 

The communication also mentions that in the post-delivery phase, the doctors left a piece of gauze and placenta inside her uterus, which caused an infection. Despite repeated inquiries, the doctors dismissed her concerns. The rapporteurs highlight that on 28 January 2022, Ms. Tedsen was diagnosed with post-traumatic stress disorder resulting from the complications during childbirth and her mistreatment. In relation to this, the communication addressed the broader issue of obstetric violence in Italy. In 2016, #Bastatacere, a social media campaign, exposed this issue and gathered around 3,000 testimonies. The communication also mentions a 2018 study where, out of 424 women, 21.1% of them believed they had experienced obstetric violence; 33% felt they had not received enough support during childbirth, and 34.5% felt their privacy had been violated. 

The Rapporteurs refer to several international instruments like ICCPR, CAT, ICESCR, CEDAW, and ECHR, which ensure women’s right to bodily integrity and dignity. 

The Italian government responded to the communication on 31 July 2023. The government defended the national healthcare system and mentioned that the National Birth Pathway Committee was established to oversee maternity care quality. The response also contained monitoring and research initiatives undertaken by the government dedicated to the perinatal area, like the  National Outcomes Evaluation Programme (PNE) and the Italian Obstetric Surveillance System (ItOSS), that investigates maternal deaths and obstetric violence. Once additional information is available, the government would share it promptly.

Communication AL ITA 3/2023: ENEL Hydroelectric Power Station and threats to environmental rights activists in Colombia

On 18 July 2023, Rapporteurs Mary Lawlor, Pichamon Yeophantong, David R. Boyd and Irene Khan addressed a communication to the Italian government regarding the attempt on the life of human rights activist Alirio Perdomo, working in the Association of Individuals impacted by the El Quimbo Hydroelectric Initiative (ASOQUIMBO), Central Colombia. The communication mentions that the Hydroelectric Power Station, which is operated by ENEL, a prominent Italian company partially owned by the State, utilises waters from two rivers and raises concerns because of the impact it has on the residents of the six municipalities covered by the reservoir as well as of other municipalities indirectly affected by the project. The project has caused a radical reduction in the fish population in the rivers, which gravely affects the livelihood of many people. 

The communication states that the populations of the affected municipalities have organised themselves in ASOQUIMBO to defend their human rights. It points at the case of Mr Alirio and other members of the Hobo fishermen's organisation who, in September 2019, reported to the Hobo municipal ombudsman that he was the victim of threats and intimidation. Mr Alirio Perdomo was shot a few hours later after recording a video documenting the fish mortality resulting from the operations of the Betania Dam and the Hydroelectric Project. The Rapporteurs raise concerns about his and his family’s displacement after the incident. 

The communication requests responses from the Italian government highlighting the measures taken by the government to protect human rights and the environment against the negative impact of the Italian business enterprise activities. The rapporteurs emphasise that essential interim measures must be implemented to stop the alleged violations and prevent their recurrence and that, should the investigations corroborate or imply that the allegations are accurate, steps must be taken to hold accountable any individual(s) responsible for the alleged violations. Since the 60-day term to respond had elapsed without a reply from the government, the communication was made public.

Communication AL ITA 4/2023: National minorities’ rights

The Special Rapporteurs in the field of cultural rights, on the right to education, and on minority issues addressed communication (AL ITA 4/2023) to the Italian government on 18 September 2023. The communication focuses on the issue of the lack of protection of cultural rights of the Resian community in the Friuli-Venezia Giulia region (north-east Italy, at the border with Slovenia and Austria. The communication mentions that, in 2010, UNESCO listed Resiano, the Resian language, as an endangered language. Resiano is an inalienable part of the Resian cultural identity.  

The experts cite Article 6 of the Italian Constitution and Law 482/99, the act protecting the rights of historical linguistic minorities in Italy. They observe that Resiano language has not been included among the protected minority languages. The rapporteurs highlight that several attempts have been made to include Resiano under the law but have not yielded any fruitful results.

The communication states that in 2010, the Italian Ministry of Interior confirmed that Resia Valley is located in the bilingual Italian-Slovene territory and that linguistic rights guaranteed by the Italian Act for the Protection of the Slovene Minority are to be fully applied in the Resia Valley, despite the fact that Resiano is a distinct language different from Italian and Slovenian. The municipal assembly of Resia asked to be removed from the bilingual territory, which was rejected. The special rapporteurs suspect that this has allegedly created a disparity in legal and financial support between the Slovene language and the Resian language, putting the latter at greater risk of dying out.

The Rapporteurs expressed concerns over the exclusion of Resiano from minority protection laws and stated that this makes it difficult for the community to protect, maintain and develop their cultural heritage for themselves and future generations. The communication refers to multiple human rights instruments like the ICCPR, ICESCR, CRC, and relevant UNESCO declarations and also calls for interim measures to prevent further rights violations. The communication requested a response within 60 days explaining how Resiano and the Resian culture were considered in the elaboration of article 2 of Law 482/99 in 1999 and the reasons that led to its exclusion from the list of languages and cultures needing

protection. 

A comprehensive and articulated Italian response came on 18 April 2023. The state stresses that, according to the national and regional legislation and based on linguistic and historical research, Val Resia lies in the historical areas of Slovene linguistic presence. The regional legislation acknowledges the Resiano variant of Slovene, and in the schools of the municipality of Resia, it is possible to teach writing and reading in the Resiano language.

Communication AL ITA 5/2023: Evictions of illegally occupied property

Communication AL ITA 5/2023 was addressed to the Italian government on 23 October 2023. Rapporteurs Balakrishnan Rajagopal and Olivier De Schutter raise concerns over adequate housing and poverty in relation to Italy's draft law No. 566. The proposed legislation suggests major amendments to the Criminal Code – it establishes a new crime that allows expedited processes for evictions of illegally occupied property, including the immediate arrest of the perpetrator. The draft law foresees that persons committing arbitrary occupation of property can be punished with a prison term between 2 and 7 years, which can be reduced if the occupant cooperates with the prosecuting authority. Additionally, it also anticipates the disconnection of services for individuals residing irregularly in occupied properties within 15 days following a complaint from the owner. The rapporteurs have voiced their concerns that if the amendments are incorporated, it might result in the criminalisation of individuals in vulnerable circumstances and diminish the procedural safeguards meant to protect residents from being forced into homelessness.

The rapporteurs expressed concerns over the broad scope of the law which can criminalise various vulnerable groups and they view the harsh penalties imposed as disproportionate. The communication cites international instruments like Article 9 of the ICCPR and Article 11 of ICESCR. Finally, the rapporteurs recommend that draft law No. 566 should not be passed. 

The Italian government responded to the communication on 23 December. The government reiterated that the housing crisis is a pertinent issue in Italian social and political debate. The short response provided by the State also mentions that a Rental Support Fund is established for  families with economic difficulties.