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Tag: torture


Torture charges allow in absentia proceeding (Italian Constitutional Court, 192/23)

The assessment of torture charges in a public criminal trial meets a constitutional and supranational obligation: the uncooperative conduct of one's own State in the notification of the trial legitimises a trial in absence, without prejudice to the right of the accused himself to a new trial in presence for the re-examination of the merits of the case. 


Dead by assuming an overdose while under arrest: right to life violated (ECtHR, Ainis vs Italy, 23)

Italian authorities’ failed to sufficiently and reasonably protect the life of the applicants’ relative who died of a drug overdose while in police custody.


Useful Information

Italian prison system still violating fundamental rights (Antigone prison report, 2023)

XIX report by Antigone about prison conditions in Italy: overcrowding, suicides, torture. 


Italian police officer convicted for blindfolding a suspect (Tr. Roma, 2832/23)

Italian police officer convicted for having an American teenager blindfolded and handcuffed shortly after he was arrested on suspicion of killing an officer.



Refoulment for public security reasons: unlawful if torture risk (TAR Lazio, 7048/22)

The forced expulsion of a foreigner, even  for danger to public safety, is unlawfukl where it is likely that the expelled person is subjected in that country to torture, inhuman or degrading treatment.


EU ne bis in idem bans extradition to third state (Cass. 54467/16)
Italy's supreme Court of Cassation in december 2016 with ruling No. 54467/16 has blocked the extradition to Turkey of a drugs trafficker because Turkey violates human rights.


Italy's police forces tortured peaceful protestes in Genova 2001 (ECtHR, 6884/11)

Italy violated both the material and procedural aspects of article 3 of the Convention due to the ill-treatment suffered by the applicant which must be classified as “torture”.


Italian prisons violate art 3 ECHR (ECtHR, Torreggiani 2013)

Italian prisons violate art 3 ECHR resulting in inhuman and degrading treatment.