{"id":453756,"date":"2026-05-15T19:07:06","date_gmt":"2026-05-15T17:07:06","guid":{"rendered":"https:\/\/www.eunews.it\/2026\/05\/15\/violenze-e-garanzie-zoppe-il-preoccupante-referto-onu-sulla-tortura-in-italia\/"},"modified":"2026-05-15T20:16:24","modified_gmt":"2026-05-15T18:16:24","slug":"violence-and-inadequate-safeguards-the-uns-worrying-report-on-torture-in-italy","status":"publish","type":"post","link":"https:\/\/www.eunews.it\/en\/2026\/05\/15\/violence-and-inadequate-safeguards-the-uns-worrying-report-on-torture-in-italy\/","title":{"rendered":"Violence and inadequate safeguards: the UN\u2019s worrying report on torture in Italy"},"content":{"rendered":"

Brussels \u2013 From the definition of torture to living conditions in prisons, from agreements with Libya and Albania to the situation of migrants in return centres, via government decrees and the criminalisation of work aimed at protecting human rights: the concluding observations on Italy<\/a> drawn up by the United Nations Committee Against Torture paint a national picture that gives cause for \u201cconcern\u201d. A twelve-page report that scrutinises the state\u2019s system of safeguards and protections for individuals<\/strong>. And the findings are damning and alarming. <\/p>\n

The Committee against Torture (CAT) is a body comprising 10 independent experts that monitors the implementation of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment <\/a>by its member states. Its work aims to hold states to account for human rights violations by systematically investigating reports of torture in order to stop and prevent this crime.<\/p>\n

 According to the document, Italy gets off to a bad start right from the outset, namely with the very definition of the term “torture” contained in the Criminal Code, which does not comply with that established by the Convention<\/strong> because it omits essential elements, such as the intention and purpose behind acts of torture, and includes others\u2014such as “serious threats” and “verifiable psychological trauma”. Furthermore, in the Italian criminal justice system, torture is treated as a generic offence that can be committed by anyone, whilst the involvement of a public officia\u2014which is, in fact, its defining feature\u2014is included only as an aggravating circumstance: an element deplored by the Committee, which also states that it is \u201cconcerned about recent attempts in Parliament to abolish the offence of torture and replace it with an aggravating circumstance.\u201d <\/p>\n

A major shortcoming for the CAT is the lack of<\/strong> an independent national human rights institution<\/strong>, which the country has not yet established, while it is worrying that there are allegations<\/strong> of<\/strong> “political appointments<\/strong>, based on political considerations, to key roles within the National Guarantor<\/strong> for the rights of persons deprived of their liberty.” It is the independence and the perceived credibility of the guarantor that pay the price.<\/p>\n

Chapter on detention<\/h4>\n

\n

Here, the Committee sounds the alarm over \u201callegations that people are not always able to inform a relative or another person of their choice of their detention,\u201d the fact that \u201cmedical examinations sometimes take place in the presence of law enforcement officers,\u201d and that \u201cpeople are not always sufficiently informed of their rights, particularly foreign nationals who do not speak Italian,\u201d that \u201cthey may be detained for up to 96 hours before being brought before a judge<\/strong>,\u201d and that, \u201cin cases where certain offences are suspected, they may still be detained for up to five days without access to a lawyer.\u201d This extensive list is compounded by reports of \u201cdifficulties in accessing legal aid\u201d and the fact that in some cases people \u201cwere unable to meet their legal representative until shortly before their appearance before the judge, compromising their ability to prepare their defence.\u201d Also dangerous are the provisions \u201callowing law enforcement to hold people for up to 24 hours for identification purposes<\/strong>,\u201d and the allegations that, since people held in this way are not technically under arrest, \u201cdetentions are not properly recorded, and detainees do not benefit from all the necessary safeguards.\u201d <\/p>\n

Living conditions in prisons<\/strong> <\/p>\n

The first cause for concern highlighted in this paragraph is prison overcrowding<\/strong>, which “has reached levels of up to 138 per cent<\/strong>, with thousands of prisoners housed in spaces of less than 4 square metres per person”. However, the document goes further and points to a deplorable situation also due to<\/strong> “the deterioration of material conditions<\/strong>, reduced access to educational<\/strong>, recreational, and vocational activities and to medical care<\/strong>, as well as violence amongst prisoners<\/strong>” which, exacerbated “by insufficient staffing,” “also makes it difficult, in practice, to implement the principles of dynamic security in any meaningful way.” With specific regard to psychological care during detention, the Committee is concerned that “the treatment of prisoners with mental disorders relies predominantly on the administration of medication<\/strong>” and that “prisoners with mental health problems may be held in solitary confinement or remain in prison for long periods while awaiting transfer to residential facilities for the enforcement of security measures,” the so-called REMS. <\/p>\n

<\/p>\n

Particular attention is drawn to special detention regimes, as the Committee remains concerned about the severe restrictions imposed<\/strong> by the special detention regime provided for in Article 41 bis <\/em><\/strong>of the Prison Act, and by the fact that these measures are applied for an initial period of four years, renewable every two years. It is also noted with concern that \u201ca judge may sentence a person to periods of solitary confinement ranging from two months to three years<\/strong>,\u201d and that there are no means of appeal available to prisoners. <\/p>\n

<\/p>\n

In addition to this, experts highlight the significant number of deaths in prison: from the start of 2026 to 14 May<\/strong>, the magazine Ristretti Orizzonti<\/strong><\/em> has already recorded 80 deaths, 22 of which were suicides<\/strong>, while the peak in the number of people who took their own lives behind bars\u201491\u2014 was reached in 2024. “The Committee remains concerned by persistently high levels of deaths in custody in the State Party, with high numbers of suicides reported<\/strong>, particularly among the foreign detainee population and individuals held in regimes of solitary confinement.”<\/p>\n

Furthermore, it is noted with concern that \u201ca large proportion of deaths in custody are attributed to causes which
\nremain undetermined pending forensic clarification, indicating significant delays in carrying
\nout forensic examinations.\u201d<\/p>\n

What about torture in prisons? <\/strong><\/p>\n

The Committee notes and \u201cwelcomes\u201d the fact that investigations and criminal proceedings are being conducted in Italy in relation to alleged acts of torture, but regrets that it has not been \u201cable to ascertain the number of public officials\u201d or other persons acting at their instigation or with their consent who are subject to investigation and criminal proceedings. This is due \u201cto the broad definition of torture provided for in the State\u2019s national legislation, which allows for the criminal prosecution of any individual for the offence of torture regardless of State involvement.\u201d Furthermore, in cases of investigations and criminal proceedings against public officials<\/strong>, the Committee \u201c
\n regrets information indicating that public
\nofficials are often not suspended from duty pending the outcomes<\/strong>,\u201d and the \u201cnotable delays in the conclusion of investigations and criminal proceedings relating to acts of torture\u201d, with repercussions \u201cnot only on the victims,
\nbut also on the
\nperception of the public at large vis-\u00e0-vis justice and accountability.<\/p>\n

\u201d<\/p>\n

Migrants<\/h4>\n

\n

Here, CAT experts are \u201cconcerned\u201d that the practical implementation of the principle of non-refoulement<\/strong> \u201cappears increasingly undermined by policies that link migration management to security and prioritise deterrence and forced returns<\/strong>.\u201d This is compounded by allegations of<\/strong> “arbitrary” categorisation<\/strong> of people in reception centres\u2014the hotspots\u2014into asylum seekers or economic migrants, largely on the basis of nationality<\/strong>. Another alarm is sounded regarding the fact that asylum seekers do not always receive an individualised decision, but that there is a “collective expulsion.” Furthermore, appeals against negative asylum decisions do not always automatically suspend the previous rejection pending the new ruling, and the screening and identification processes at the hotspots are \u201cinsufficient to identify people in vulnerable situations, including victims of torture or ill-treatment\u201d. These issues are compounded by \u201callegations of pushbacks at the border with Slovenia\u201d and \u201cat Adriatic ports.\u201d <\/p>\n

<\/p>\n

And then comes the Memorandum of Understanding of 2 February 2017 between Italy and Libya: <\/strong>“The Committee remains concerned that it continues to be implemented,” the document states. Because there are allegations of both <\/strong>“substantial assistance and cooperation provided by the Italian authorities in search and rescue operations conducted by the Libyan authorities” <\/strong>and “<\/strong>‘privatised pushbacks<\/strong>‘ whereby Italian
\nauthorities request commercial ships to return individuals in need of protection to the custody
\nof the Libyan authorities<\/strong>,
\n including individuals<\/p>\n

in situations of vulnerability.” <\/p>\n

<\/p>\n

Serious concern has been expressed <\/strong>“regarding allegations of excessive use of force and ill-treatment by special intervention units of the police<\/strong> (Interforze<\/em>), the dilapidated and
\nand overly carceral conditions<\/strong>, and the almost total lack of meaningful activities for detainees in <\/strong>
\nPre-removal Detention Centres<\/p>\n

<\/strong> (CPR<\/strong><\/em>).” Furthermore, “people placed in these centres following the serving of prison sentences may be housed alongside people with no criminal record,” while “to avoid detention, people may be required to pay an unreasonably high bond, amounting to between 2,500 and 5,000 euros.” The extension of detention limits in CPRs for foreign nationals to up to 18 months is also a cause for concern. <\/p>\n

<\/p>\n

In addition to the agreement with Libya, the Committee is also concerned about the Protocol agreed with Tirana<\/strong>, particularly with regard to the subjection of asylum seekers detained under Italian jurisdiction in Albania to accelerated asylum procedures, the obstacles faced by detainees in accessing procedural safeguards such as access to information, legal assistance and representation, as well as psychological, social and humanitarian assistance, and the limited ability of detainees to participate fully in their own asylum proceedings. Also under scrutiny are allegations of shortcomings in the pre-transfer screening procedures, \u201cwhich result in the transfer of people in vulnerable situations.\u201d <\/p>\n

Finally, the Committee expresses concern at allegations that Italian prosecutors rarely invoke the principle of universal jurisdiction<\/strong>. It cites the Elmasry case. ”
\nIn the context of the State Party\u2019s obligation
\nto extradite or prosecute, the Committee takes note of the decision of the Pre-Trial Chamber
\nof the International Criminal Court of 17 October 2025 on the State Party\u2019s non-compliance
\nwith a request for cooperation due to its failure to comply with the Court\u2019s request for the
\narrest and surrender of Osama Elmasry Njeem for alleged crimes against humanity and war
\ncrimes, including torture and cruel treatment\u201d
\nthe document states.<\/p>\n

Criminalisation of solidarity and restrictions on civic space<\/strong><\/h4>\n

\n

Among other points, the CAT document expresses grave concern over<\/strong> “allegations of judicial harassment of human rights defenders involved in assisting migrants<\/strong>, including those taking part in search and rescue operations in the Mediterranean Sea, in particular regarding the criminalisation of their activities under the provisions of the Criminal Code relating to the facilitation of illegal immigration.” According to experts, “disproportionate sentences are sought in many cases by
\nprosecutors, in some cases up to 20 years\u2019 imprisonment, and adopting of Law No. 15\/2023, which contains vague and
\noverbroad language posing issues for legal foreseeability, and which imposes substantial
\nfinancial penalties for non-compliance, potentially creating a chilling environment for the
\nwork of human rights defenders and hindering the provision of life-saving assistance<\/strong> by nongovernmental organizations in the Central Mediterranean.” Finally, concern is raised over
\nthe passing of Decree-Law No. 48\/2025, converted into Law No. 80\/2025, “which was noted
\nby the Organization for Security and Co-operation in Europe as undermining ‘the
\nfundamental tenets of criminal justice and the rule of law,’ and which significantly expands
\npolice powers over public assemblies, provides for severe sentences for individuals
\nparticipating in unauthorized demonstrations, and criminalizes passive resistance to orders
\nor rules in prisons and migration detention centres<\/strong>.<\/p>\n

Next steps<\/h4>\n

\n

Italy must provide, by 1 May 2027, information on the action it will take in response to the Committee\u2019s recommendations, which, as set out in the text, appear to represent a complete reversal of the current situation. So, a solution does exist. It remains to be seen whether there is the will to implement it.<\/p>\n","protected":false},"excerpt":{"rendered":"

The concluding observations on Italy drawn up by the United Nations Committee Against Torture paint a national picture that gives cause for “concern”. The report examines the situation of migrants and prisoners, as well as that of human rights activists, and the state of the rule of law in the country<\/p>\n","protected":false},"author":7874,"featured_media":453749,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"episode_type":"","audio_file":"","podmotor_file_id":"","podmotor_episode_id":"","cover_image":"","cover_image_id":"","duration":"","filesize":"","filesize_raw":"","date_recorded":"","explicit":"","block":"","jnews-multi-image_gallery":[],"jnews_single_post":{"format":"standard","override":[{"template":"1","parallax":"1","fullscreen":"1","layout":"right-sidebar","sidebar":"default-sidebar","second_sidebar":"default-sidebar","sticky_sidebar":"1","share_position":"top","share_float_style":"share-monocrhome","show_featured":"1","show_post_meta":"1","show_post_author":"1","show_post_author_image":"1","show_post_date":"1","post_date_format":"default","post_date_format_custom":"Y\/m\/d","show_post_category":"1","show_post_reading_time":"0","post_reading_time_wpm":"300","post_calculate_word_method":"str_word_count","show_zoom_button":"0","zoom_button_out_step":"2","zoom_button_in_step":"3","show_post_tag":"1","show_prev_next_post":"1","show_popup_post":"1","show_comment_section":"1","number_popup_post":"1","show_author_box":"0","show_post_related":"1","show_inline_post_related":"0"}],"image_override":[{"single_post_thumbnail_size":"crop-500","single_post_gallery_size":"crop-500"}],"trending_post_position":"meta","trending_post_label":"Trending","sponsored_post_label":"Sponsored by","disable_ad":"0","subtitle":""},"jnews_primary_category":[],"jnews_override_counter":{"view_counter_number":"0","share_counter_number":"0","like_counter_number":"0","dislike_counter_number":"0"},"footnotes":""},"categories":[29788],"tags":[26180,34137,34006,34138,34139,26868,26205,25753,26456,31222],"class_list":["post-453756","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-diritti-en","tag-comitato-contro-tortura","tag-detenuti","tag-detenzione","tag-garanzie","tag-human-rights-en","tag-immigration-en-2","tag-migrants-en-2","tag-onu-en","tag-torture-en"],"acf":[],"_links":{"self":[{"href":"https:\/\/www.eunews.it\/en\/wp-json\/wp\/v2\/posts\/453756","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.eunews.it\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.eunews.it\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.eunews.it\/en\/wp-json\/wp\/v2\/users\/7874"}],"replies":[{"embeddable":true,"href":"https:\/\/www.eunews.it\/en\/wp-json\/wp\/v2\/comments?post=453756"}],"version-history":[{"count":1,"href":"https:\/\/www.eunews.it\/en\/wp-json\/wp\/v2\/posts\/453756\/revisions"}],"predecessor-version":[{"id":453757,"href":"https:\/\/www.eunews.it\/en\/wp-json\/wp\/v2\/posts\/453756\/revisions\/453757"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.eunews.it\/en\/wp-json\/wp\/v2\/media\/453749"}],"wp:attachment":[{"href":"https:\/\/www.eunews.it\/en\/wp-json\/wp\/v2\/media?parent=453756"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.eunews.it\/en\/wp-json\/wp\/v2\/categories?post=453756"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.eunews.it\/en\/wp-json\/wp\/v2\/tags?post=453756"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}