Office of the United Nations High Commissioner for Human Rights (OHCHR)
The Report contains the findings and recommendations concerning the prevention of torture and ill-treatment of persons deprived of their liberty in some immigration detention facilities in Italy following the visit held by the Subcommittee from 16 to 22 September 2015. In addition to highlighting the unsatisfactory cooperation in receiving information and access to detention facilities, the Subcommittee complained of the incomplete establishment of the National Authority for the Rights of Persons Detained or Deprived of Personal Liberty, set up by law No. 10/2014 as a national prevention mechanism in accordance with the Optional Protocol. As regards the legal framework on immigration, while underlining that Italy has adopted positive changes, such as the decriminalization of irregular immigration, the Subcommittee has noted that the detention of migrants, even without committing crimes, continues to be commonly applied and that migrants subjected to an expulsion or rejection order and re-entering Italian territory are subject to criminal law. Following the recommendations on treatment in detention facilities, access to information and legal assistance to migrants, the Report contains the Subcommittee’s comments on the immigration processes, starting from disembarkation through to expulsion.
Law No. 10 of 21 February 2014, Conversion into law, with modifications, of law-decree No. 146 of 23 December 2013, containing urgent measures for the protection of the fundamental rights of detainees and the reduction of prison population; Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Visit to Italy undertaken from 16 to 22 September 2015: observations and recommendations addressed to the State party, Report of the Subcommittee – Addendum, Replies of Italy, CAT/OP/ITA/1/Add.1, 2 November 2016