Torture, the bill gets the green light in the House: it’s up to the Senate – Giornale di Sicilia

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ROME. A step forward to fill a thirty-year delay. The green light of the House to the bill on the crime of torture (approved with 244 yes, 14 no and 50 abstentions) approaching the Italian legal system to ‘ introduction of this new crime, which, however, will become law only between several weeks as the text will return to the Senate.

From the Attorney Andrea Orlando a final appeal in court with a request for a vote ‘the widest possible to go to Strasbourg with a result not of the government but of the whole Parliament. ” The story Diaz – he added – “does not affect the achievement of the country.”

Here are the key points of the law comes in the wake of the judgment of the Court of Strasbourg for the events in Genoa and that has, among its main references the UN Convention Against Torture, signed (also from Italy), in New York in 1984.

L ‘ art. 1 requires that torture is a common crime, punishable by imprisonment from 4 to 10 years and due to anyone “with violence or threat or violation of its obligations of protection or assistance, intentionally causes a person entrusted to him, or however, subject to his authority, supervision or custody, acute physical or mental suffering “to” obtain information or statements, to inflict a punishment, to win a resistance “or” because of ethnicity, sexual orientation or political opinion or religious. “

But the controversy broke out in the Chamber that the crime shots only if the victim is responsible for the supervision of the alleged offender . A situation which, according to the M5S, exclude, in fact, that events like those of Diaz can be heavy punishment for the crime of torture. “So it is a law useless,” is the charge of the M5S, which led to the temporary provision of an amendment which provided for the offense regardless of the case and then, after an evening meeting of the Committee of Nine of the Judiciary Committee, to the confirmation of contrary opinion of the Rapporteur and the Government and its rejection.

With the Democratic Party who stressed that the case of the custody or supervision does not limit cases of the crime of torture. It is triggered when aggravating to commit the crime is just a public official acting with abuse of power or violating the duties inherent to its function. In this case, with an amendment adopted today, the maximum penalty is 15 (rather than 12) in prison, the minimum of 5, with a ‘note’: the suffering inflicted must be “additional” to the execution of the legitimate measures depriving or limiting rights.

The penalty for public officials and non-salt 1/3 in case of serious injury, 2/3 to death unintended victim and turns into a life sentence in the case of death caused voluntarily . The law also introduces the crime of inciting the public official (for other public official) to commit torture: from 1 to 6 years imprisonment the penalty.

Article. 1 is the axis of a law, however, also spoke about expulsions, diplomatic immunities and extraditions . Are banned, in fact, expulsion or refoulement to a State in which, based on reasonable grounds, dismissed the risk of being subjected to torture. Stop – in compliance with the international rights – also diplomatic immunity to those who are convicted or investigated in his country of origin. Finally planned extradition of a foreign national to the requesting country if this proves suspected or convicted of the crime of torture.

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