The Foreign Affairs Commission of the Italian Senate approves the Bill for the ratification of the Optional Protocol to the UN Convention against torture
On August 7th 2012, the Bill on the ratification of the Optional Protocol to the United Nations Convention against torture and other cruel, inhuman or degrading treatment or punishment was definitly approved by the third permanent Commission of the Italian Senate “Foreign affairs, migration”.
The Bill, presented at the initiative of a group of Senators (S. 3354), was introduced to the Senate on June 11th 2012. After having being examined and amended by the Commission, it is now going before the Senators’ Assembly.
The OPCAT, adopted by the United Nations General Assembly on December 18th 2002 and entered into force on June 22nd 2006, was signed by Italy on August 20th 2003. It establishes a “double pillar” system of inspecting and monitoring places of detention aiming at preventing torture and other cruel, inhuman or degrading treatments or punishments: on the international level, a new treaty body, the UN Subcommittee on Prevention of Torture, has been created; on the national level, Member States have the obligation to establish special independent bodies, i.e. National Preventive Mechanisms (NPMs) within a year from the ratification of the Protocol. Both the Subcommittee and the National Preventive Mechanisms are charged to make regular visits in the places of detention and to formulate recommendations and observations to the Governments and to the competent authorities, in order to improve the conditions of person deprived of their liberty.
According to what has emerged during the Bill examination in the Commission, the functions of the NPMs in Italy shall be taken from the Italian National Commission for the promotion and protection of human rights to be established in the near future. In this regard, the Bill concerning the setting-up to the National Commission (C.4534) was already approved in the first reading from the Senate and is now being examined by the House of Representatives.
During these last years, there were many initiatives organised by the Italian civil society to support the ratification and implementation of the Optional Protocol to the United Nations Convention against torture in Italy. These were of course coupled with other initiatives supporting the integration of the crime of torture in the Italian criminal code.
The Human Rights Centre, which has always been involved in strengthening the human rights infrastructure in Italy, has contributed on developing the reflection on the subject, by organising, in collaboration with the Council of Europe, a public meeting on "The Italian Parliament's Prospect of ratification and implementation of the Optional Protocol to the United Nations Convention against torture (OPCAT)", held in Padua on March 26th 2010.