JudgmentsTorture 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.
JudgmentsDead 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 InformationItalian prison system still violating fundamental rights (Antigone prison report, 2023)
XIX report by Antigone about prison conditions in Italy: overcrowding, suicides, torture.
JudgmentsItalian 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.
JudgmentsRefoulment 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.
JudgmentsEU ne bis in idem bans extradition to third state (Cass. 54467/16)
JudgmentsItaly'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”.