Introduction

In April  2026, during its 84th session, the Committee Against Torture (CAT), the international body responsible for monitoring the implementation of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984) examined the situation in Italy. The review was conducted on the basis of the seventh periodic report submitted by the Italian State pursuant to Article 19 of the Convention, together with the subsequent updates provided in response to the list of issues prepared by the Committee. The latest update submitted by the State Party was communicated in March 2026. 

The interactive dialogue between the CAT and the Italian delegation focused on several key issues: the compatibility of Article 613-bis of the Italian Criminal Code (the offence of torture) with the Convention’s definition of torture; prison overcrowding and the so-called 41-bis regime (special restrictions applied to detainees convicted of mafia- and terrorism-related offences); compliance with the principle of non-refoulement in Italian migration policies; and the protection of vulnerable persons, including victims of trafficking, asylum seekers and unaccompanied foreign minors. 

The Italian delegation was led by the President of the Interministerial Committee for Human Rights, Minister Giovanni Iannuzzi, and was composed mainly of senior civil servants, without the participation of political representatives. In addition to members of the Interministerial Committee for Human Rights (CIDU) and the Permanent Mission of Italy to the United Nations in Geneva, the delegation included representatives from the Ministries of Justice (penitentiary administration), Interior (public security), Health, and Infrastructure and Transport (coast guard).

The review was accompanied by broad participation from institutional stakeholders and civil society actors. More than ten submissions were filed by non-governmental organizations — including Italian Disability Forum, MAAT for Peace, Development and Human Rights, Refugee Rights Europe, REST, Antigone Onlus and Tripla Difesa Onlus Guardie — as well as by the National Guarantor for the Rights of Persons Deprived of Liberty.

This article examines the main issues that emerged during the dialogue in light of the Committee’s Concluding Observations, published in non-final form on 1 May 2026. The analysis focuses in particular on several concerns raised by the Committee which reflect not only instances of non-compliance with international obligations, but also structural shortcomings in Italy’s policies concerning torture and inhuman or degrading treatment. 

The Crime of Torture and Italy’s International Obligations 

One of the main issues addressed by the CAT concerns the regulation of the crime of torture, introduced  Criminal Code (Article 613-bis) by Law No 110 of 2017. Under the Italian legal system, the involvement of a public official does not constitute a constitutive element of the offence, but rather an aggravating circumstance pursuant to Article 613-bis(2) of the Criminal Code.  The Committee expressed concerns regarding the compatibility of this provision with Article 1 of the CAT. Under the Convention’s approach, torture is in fact closely linked to the abuse of public power and to the responsibility of public officials or persons acting with their consent.

The concerns relate not only to the statutory definition of the offence, but also to its practical application. As highlighted, inter alia, in the report submitted by MAAT for Peace, Development and Human Rights, the structure of the offence makes the effective prosecution of violent acts particularly difficult, as it requires proof of multiple acts or of prolonged degrading treatment. The same report also expressed serious concern regarding recent legislative proposals aimed either at abolishing the autonomous offence of torture or substantially reducing its scope. In light of these concerns, the Committee, in its Concluding Observations, recommended that Italy align the regulation of the crime of torture with international standards and, furthermore, remove any statute of limitations applicable to this crime.

The penitentiary system and the protection of fundamental rights

The Concluding Observations devote considerable attention to the conditions of the Italian penitentiary system: according to the data discussed during the session, by the end of 2025 the prison population had reached 63,499 detainees, while 77 suicides and 254 deaths in custody were recorded during the same period (see Yearbook 2026). The Italian delegation described overcrowding as a “historic and structural” problem and announced an investment plan amounting to approximately €900 million, aimed at expanding prison facilities and creating 10,000 additional places by 2027.

The observations formulated by the CAT reflect a well-established approach in international human rights law, according to which the risk of inhuman or degrading treatment may also arise from material conditions of detention characterized by overcrowding, inadequate healthcare and insufficient psychological support. 

Particular attention was also devoted to the special regime under Article 41-bis and to the use of disciplinary solitary confinement. The Committee referred to the standards established by the Nelson Mandela Rules, recalling that prolonged forms of isolation may produce seriously harmful effects on the psychological well-being of detainees. Accordingly, it stressed the need for such measures to comply with the principles of proportionality, judicial oversight, and protection of the physical and psychological integrity of detained persons. The Italian delegation specified that ordinary disciplinary isolation may not exceed 15 days and that daily medical checks are provided.

Non-governmental organisations and the National Guarantor for the Rights of Persons Deprived of Liberty nevertheless reported persistent concerns, including the use of so-called “smooth cells”, the absence of identification codes on prison police uniforms, and difficulties in documenting injuries sustained by detainees. Among the aspects positively assessed by the Committee was the absence of deaths in juvenile detention institutions. In this regard, the Committee reiterated the need to address prison overcrowding and to limit the use of special detention regimes and prolonged solitary confinement, which should be applied only in exceptional circumstances and for strictly necessary periods.

Migration policies, non-refoulement and the externalisation of borders

A central focus of the CAT’s monitoring activities concerns Italian migration policies and, in particular, cooperation with Libya and the transfer of migrants to detention centres located in Albania. 

With regard to the Italy–Libya Memorandum of Understanding, the Committee reiterated its concerns regarding possible violations of the principle of non-refoulement, as established under Article 3 of the Convention against Torture. According to the Committee, the financial and operational support provided to the Libyan Coast Guard may entail a form of indirect international responsibility insofar as it contributes to the transfer of individuals to detention centres where torture, sexual violence and arbitrary detention have been extensively documented. In its Concluding Observations, the CAT therefore recommended that Italy review the implementation of the Memorandum in order to ensure full compliance with its obligations under the Convention and establish effective monitoring mechanisms concerning the conditions of migrants intercepted and returned to Libya. 

Similar concerns were raised in relation to the Italy–Albania Protocol. The Committee requested clarification regarding the jurisdiction applicable within the centres intended for migrants rescued at sea, access to judicial remedies, and the existence of independent monitoring mechanisms. The Italian delegation maintained that Italian jurisdiction continues to apply within such facilities and that detainees are guaranteed the right to legal defence as well as access to international protection procedures. Nevertheless, the Committee stressed the need to ensure that all fundamental safeguards against torture and ill-treatment are fully applicable also in centres located outside Italian territory, including effective access to legal assistance, judicial review and independent oversight mechanisms.

At the domestic level, the discussion also focused on the Pre-removal Detention Centres (Centri di Permanenza per il Rimpatrio – CPRs), whose overall national capacity amounts to only 891 places distributed across eleven facilities. Several submissions referred to Judgment No. 7839/2025 of the Council of State, which partially annulled ministerial procurement specifications due to serious deficiencies in healthcare provision and suicide prevention measures. According to experts, medical assessments concerning detainees’ fitness for detention often remain accelerated formalities, frequently conducted in the presence of police officers and without the assistance of cultural mediators, thereby preventing the early identification of psychological vulnerabilities or previous experiences of torture.

Alongside these criticisms, the Italian delegation referred to the 2025 update of the Operational Guidelines for the Protection of Unaccompanied Foreign Minors, developed with the support of EUAA, UNHCR, IOM and UNICEF. The document establishes multidisciplinary procedures for identifying vulnerabilities and provides for the involvement of child psychologists and cultural mediators throughout reception procedures. Also in this regard, the CAT recommended that Italy establish independent monitoring mechanisms for the conditions of intercepted or transferred migrants, as well as ensure effective access within the centres in Albania to legal assistance, judicial remedies and independent oversight mechanisms. 

Reception centres,  Migrant vulnerability and the limits of effective protection

Critical issues relating to migration management also emerge with regard to the Italian system of reception and administrative detention. In the documents submitted to the CAT, several non-governmental organizations highlighted the difficulties encountered by the CAS (Extraordinary Reception Centres) and the SAI system (Reception and Integration System) in identifying and assisting vulnerable individuals, particularly victims of torture, trafficking and sexual violence. 

According to the RESST report, the new ministerial procurement specifications adopted in 2024 drastically reduced the amount of assistance available to each individual hosted within reception facilities. In large collective centres accommodating up to 900 persons, an individual would theoretically have access to approximately 1.52 minutes of social assistance per day and less than one minute of medical assistance. In first-arrival hotspots, the time available for each social worker would reportedly decrease to approximately 26 seconds per person. 

An additional obstacle concerns the administrative structure of the healthcare system. Italy implemented Article 14 of the Convention through the 2017 Guidelines of the Ministry of Health concerning the rehabilitation and assistance of torture victims; however, healthcare falls within regional competence. To date, only three regions — Lazio, Tuscany and Piedmont — have formally implemented these guidelines, resulting in fragmented therapeutic continuity across the national territory.

In its Concluding Observations, the Committee urged Italy to strengthen independent investigative mechanisms in cases involving torture and ill-treatment and to ensure that victims are provided with adequate forms of redress and rehabilitation, in accordance with Article 14 of the Convention. In this context, particular importance is attached to the reference made by the Committee to the Istanbul Protocol as an essential instrument for the medico-legal documentation of torture.

Gender-based violence and institutional monitoring: prevention, data collection and protection of victims

Policies aimed at combating gender-based violence were the subject of a detailed documentary assessment by the Italian authorities, which recorded a significant increase in the resources allocated to the territorial support network (€108.7 million allocated by the end of 2025 for 415 anti-violence centres and 528 shelters). The evolution of Italian legislation has also led to the adoption of Law No. 181 of 2 December 2025, which introduced femicide into the Criminal Code as an autonomous and specific offence, punishable by life imprisonment when committed as an act of hatred, subjugation, or domination based on gender.

From the perspective of methodology and transparency, the government emphasised the strengthening of data collection systems and statistical monitoring mechanisms concerning gender-based violence. Pursuant to Law No. 53/2022 on violence statistics, the Ministry of Justice launched, at the end of 2025, the interactive “Author–Victim” Datamart platform, aimed at the automatic classification of proceedings and the real-time monitoring of precautionary measures. The system also enables disaggregated analysis based on the age and nationality of victims. Statistical monitoring has furthermore been linked to the analysis of secondary victimisation, namely the risk that victims may suffer additional traumatic consequences throughout judicial and institutional proceedings.

The State Police has developed a network of territorial protocols for the management of individuals subject to warnings issued by the Questore for violent or stalking-related behaviour. By the end of 2025, 124 local protocols were in force, involving social services, healthcare authorities, and specialised centres for the treatment of perpetrators of violence, with the aim of reducing the risk of reoffending.

Conclusions: international monitoring and substantive protection

The overall framework emerging from the reports highlights a structural paradox: Italy responds to international treaty obligations through the construction of a solid framework of formal compliance — consisting of legislation, ministerial guidelines, statistical dashboards and institutional protocols — which does not always correspond to effective and uniform substantive protection. The absence of a national fund for the rehabilitation of torture victims, the shortage of cultural mediators and the regional fragmentation of healthcare services significantly reduce the effectiveness of rights formally guaranteed on paper.

The Concluding Observations conclude with the activation of the follow-up procedure: the Committee requested that Italy provide, by 1 May 2027, detailed information on the measures adopted with regard to non-refoulement, the externalisation of asylum procedures, conditions of detention, and special detention regimes, thereby confirming its intention to continuously monitor the effective implementation of the guarantees established under the Convention against Torture in these specific areas.