ECtHR: Cestaro Group v. Italy (Application No. 6884/11). 1514th Meeting (3-5 December 2024) (DH) H46-21

This case concerned the inhuman and degrading treatment inflicted by law enforcement officials during the 2001 G8 summit in Genoa. The ECtHR found a violation of Article 3 of the European Convention on Human Rights (ECHR) due to the absence of adequate legislative measures to prevent and punish acts of torture effectively.

The Committee of Ministers acknowledges the progress made, particularly the introduction of the crime of torture into Italian legislation in 2017. However, concerns remain regarding the effectiveness of accountability mechanisms, especially regarding law enforcement practices. The Committee urges Italy to enhance training for police officers, establish independent oversight mechanisms, and implement disciplinary measures to prevent future human rights violations. Moreover, there are calls for further legislative amendments to strengthen protections against police abuse.

Cordella and Others v. Italy (Application No. 54414/13). H46-22 

This case addressed the failure of the Italian authorities to prevent and mitigate the environmental and health risks posed by the ILVA steel plant in Taranto, violating Articles 2 (right to life) and 8 (right to private and family life) of the ECHR.

The Committee notes the steps taken to decontaminate the area, enforce stricter environmental regulations, and monitor industrial emissions. However, environmental groups argue that these measures remain insufficient. The Committee recommends that Italy implement a long-term health impact assessment and ensure better transparency in environmental monitoring reports. Compensation mechanisms for affected residents are also discussed.

European Social Charter – Follow-up to the ECSR Decisions. Recommendation CM/RecChS(2024)43 Amnesty International v. Italy; Complaint No. 178/2019

This case concerned violations of the European Social Charter in the treatment of migrants and asylum seekers. The European Committee of Social Rights (ECSR) found that Italy did not provide migrants with adequate living conditions, legal protections, or access to healthcare.

The Committee of Ministers urges Italy to take immediate corrective measures, including expanding accommodation facilities, ensuring access to medical services, and improving legal assistance for asylum seekers. The government is also encouraged to strengthen cooperation with NGOs working on migration issues.

European Commission Against Racism and Intolerance (ECRI) – 95th Plenary Meeting (2-5 July 2024)

The Committee reviewed an abridged report from the ECRI’s 95th plenary meeting, highlighting persistent racial discrimination and xenophobia in Italy. The report pointed to concerns about hate speech, discriminatory practices in employment, and racial profiling by law enforcement.

The Committee calls for stronger anti-racism policies, improved integration measures for minorities, and the enforcement of existing anti-discrimination laws. In particular, the need for better data collection on racial discrimination cases and more comprehensive awareness campaigns is emphasized.

ECtHR: Abenavoli v. Italy (Application No. 25587/94). 1507th Meeting (17-19 September 2024) (DH) H46-15 

This long-standing case concerned the excessive length of judicial proceedings in Italy, violating the right to a fair trial under Article 6 of the ECHR. 

At its 1507th meeting in September 2024, the Committee of Ministers reviewed the developments and, on 4 October 2024, adopted Resolution CM/ResDH(2024)203, closing the examination of the case. The Committee stressed the urgency of comprehensive judicial reforms. While some procedural improvements have been made, including digitalization efforts and increased staffing in courts, delays remain a significant issue. The Committee recommended further investments in judicial infrastructure, alternative dispute resolution mechanisms, and more stringent case management systems.

ECtHR: Sy (Application No. 11791/20) and Citraro and Molino (Application No. 50988/13). 1501st Meeting (11-13 June 2024) (DH) H46-19 

These cases involved violations of the right to private and family life under Article 8 of the ECHR due to unjustified State interference and inadequate legal safeguards.

During the meeting, the Committee assessed the measures taken by the Italian authorities to address violations. The Committee noted the implementation of legislative and administrative reforms aimed at reducing the duration of judicial proceedings. 

The Committee acknowledges the progress made but emphasizes the need for continued efforts to ensure the effectiveness of these reforms. It encourages the Italian authorities to monitor the impact of the measures closely and to provide regular updates on further developments. The Committee decides to keep the supervision of the execution of these judgments ongoing, pending evidence of sustained improvement in the length of judicial proceedings in Italy.

The Committee urges Italian authorities to adopt legislative and administrative measures to prevent future violations. There Are also calls for an independent body to oversee law enforcement actions that interfere with privacy rights.

ECtHRJ.A. and Others Group v. Italy (Application No. 21329/18). H46-18 

This case pertained to the treatment of asylum seekers, particularly concerning reception conditions and procedural safeguards. The applicants, Tunisian nationals, were rescued at sea and detained at the Lampedusa "hotspot" centre under poor conditions, without a clear legal basis or access to legal recourse. Subsequently, they were collectively expelled to Tunisia without proper assessment of their individual circumstances.

The Court identified violations of Article 3 (prohibition of inhuman or degrading treatment), Article 5 §§ 1, 2, and 4 (right to liberty and security), and Article 4 of Protocol No. 4 (prohibition of collective expulsion of aliens). It criticized the Italian authorities for the arbitrary detention of the applicants, the lack of information regarding the reasons for their detention, the absence of effective legal remedies to challenge their detention, and the collective nature of their expulsion.

The Committee expresses concerns about overcrowded and substandard reception centres and calls for improvements in compliance with Italy’s human rights obligations. The government is advised to implement a monitoring framework to ensure that reception facilities meet international standards.

Framework Convention for the Protection of National Minorities

The Framework Convention for the Protection of National Minorities (FCNM) is a comprehensive treaty established by the Council of Europe to safeguard the rights of individuals belonging to national minorities.

The Committee elected Emma Lantschner, a previous member of the Advisory Committee in respect of Italy, as eligible to serve again in the same body. The expert will be responsible for evaluating Italy’s compliance with the Framework Convention and making policy recommendations to enhance the rights of minority communities.

European Social Charter – Follow-up to ECSR Decisions. Sindacato Autonomo dei Pensionati dell’Organizzazione Sindacati Autonomi e di Base (S.A.Pens. Or.S.A.) v. Italy; Complaint No. 187/2019

This case concerned pension rights violations under the European Social Charter. The ECSR found that Italy had failed to guarantee adequate pensions, leading to financial insecurity among retirees.

The Committee urges Italian authorities to take necessary steps to ensure pension benefits are sufficient to meet the cost of living, including reviewing pension indexation policies and expanding financial assistance for low-income pensioners.

ECtHR: Pennino Group (Application No. 43892/04) and Croce and Others Group (Application No. 17607/08) v. Italy. 1492nd Meeting (12-14 March 2024) (DH) H46-20 

These cases concerned excessive delays in administrative proceedings, violating Article 6 of the ECHR.

In response to the Committee's call for effective measures to expedite administrative cases and ensure timely judicial decisions, Italy has undertaken significant reforms. Notably, the country has implemented a new judicial review mechanism designed to fast-track cases related to public administration. This initiative aims to reduce the backlog of cases and improve the efficiency of the administrative justice system.

ECtHR: Darboe and Camara Group v. Italy (Application No. 5797/17). H46-19 

This case involved the detention conditions of unaccompanied minor migrants, which were found to be inhuman and degrading, violating Articles 3 and 8 of the ECHR.

The Committee emphasizes Italy’s obligation to improve the treatment of unaccompanied minors. It recommendes expanding alternative care arrangements and increasing social worker support for migrant children.

Conclusion

Throughout 2024, the Committee of Ministers actively engaged with Italian authorities to ensure full compliance with ECtHR judgments and ECSR decisions. While progress has been made in several areas, persistent challenges remain, particularly regarding judicial delays, environmental protection, and the treatment of migrants. Continued efforts and systemic reforms will be essential to ensure Italy fully upholds its human rights obligations under European and international law.