The response of the Italian Government focuses on the main issues noted in the Report presented by the CPT following its visit to Italy in 2016. With regard to the crime of torture introduced by law No. 110/2017, it is emphasized that its configuration as a common crime aims at punishing all those responsible of torture and not only public officials and, thus, expanding the scope of the new norms. With reference to ill-treatment committed by law enforcement officers, it is pointed out that the Italian legal system and the jurisprudence of the Supreme Court indicate that the crime of personal injury as aggravated by the role of public official undergoes an ex officio proceeding rather than upon complaint. Finally, as for the conditions of prison establishments, the Government has declared the launching of initiatives to cope with prison overcrowding, such as the management of prisons through Detention Spaces Software and the granting of alternative measures to detention for those individuals subjected to short sentences.
European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), Report to the Italian Government on the visit to Italy from 8 to 21 April 2016. Italy, CPT/Inf (2017) 23, 8 September 2017; Law No. 110 of 14 July 2017, Introduction of the crime of torture into the Italian legal order