Many of the principal recommendations in the Committee against Torture's (CAT) concluding observations, adopted on November 29 and 30, 2017, refer to issues included in the report it received from Antigone Onlus, with the support of the World Organisation Against Torture.

Antigone's report provided the Committee with an in-depth look at both the detention system and the immigration policies of Italy.

Torture and packed cells

The first matter addressed by the Committee is the crime of torture; CAT, as Antigone in its report, underlines that the definition of the crime of torture finally added to Italy's criminal code is considerably narrower than the one in Article 1 of the United Nations Convention against Torture, because of the additional elements included. Moreover, CAT takes issue with the Italian law's statute of limitations for this crime, set at 18 years.

Secondly, CAT expresses concern about the fact that Italy has not yet established an independent national human rights institution. This step is necessary to ensure the state’s compliance with its international obligations and, in particular, with the Paris Principles, adopted 20 years ago.

Among other things, the Committee also discusses detention condition in Italy. It draws attention to the fact that a number of prisons exceed their maximum capacity, and that 35% of detainees are in pre-trial detention. The Committee also makes clear its concern about the existence of arbitrary detention practices, such as abusive strip searches, and calls for a review on the regulations on video surveillance in custody facilities to ensure that they conform to international law.

The Committee also drew attention to reports that detainees face problems in exercising their fundamental legal rights, such as the right to notify a relative of their detention or to access a lawyer of their own choosing or an interpreter.

Human rights at sea

In its report, Antigone also underlines some issues regarding Italian immigration legislation and policy. The concerns refer above all to the so-called Minniti Law and the government's agreements with Libyan authorities. According to Antigone, the Minniti Law has weakened the rights protections of asylum seekers, especially with regard to the principle of non-refoulement; this is especially evident in cases of rejections and expulsions to states where systematic human rights violations are committed, such as Sudan or Libya. In its concluding observations, the Committee recognises these concerns, referring for example to the agreement signed by the Italian and Sudanese police authorities on 2016, which led to the repatriation on of Sudanese nationals, who allegedly belonged to a persecuted minority.

After listening to the Italian government's briefing on the memorandum of understanding it signed with the Libyan government, CAT decided to underline in its report the lack of any stipulation in this agreement that makes cooperation and support conditional on the respect for human rights, or that Italy could end or revise the agreement in case of serious human rights violations. Italy needs to pay attention to the reports about migrant interceptions by armed men believed to be from the Libyan Coast Guard and to the terrible conditions in detention facilities under the control of the Libyan Department for Combatting Illegal Migration.

The Committee also addresses the issue of 'hotspots' and reception centres for asylum seekers, unaccompanied children and irregular migrants, expressing concern about the reports of substandard living conditions and excessive use of force by the police when taking the fingerprints of migrants and agreeing with the Antigone’s report which refers to the lack of a clear legal framework for the hotspots’ approach. Moreover, the CAT underlines the need of clear guidelines on procedures and a division of responsibilities for the identification of vulnerable people and persons who need international protection.