A/HRC/10/9 page 45 Italy Number of outstanding cases at the beginning of the period under review 0 Cases transmitted to the Government during the period under review Cases sent under Cases sent under the standard the urgent action procedure procedure 0 Number of cases on which the Government has replied 0 0 Cases clarified during the period under review by: Government Non-governmental sources 0 Multiple replies on some cases General allegation Prompt intervention letter Working Group request for a visit No Yes N/A N/A Number of outstanding cases at the end of the year under review 0 0 Number of cases of possible clarification by Government (6-month rule) 0 Government response Government response Government response Yes N/A N/A Information from the Government 209. The Working Group received one communication from the Government dated 7 August 2008, regarding the general allegation. General allegation 210. The Working Group received information from credible sources concerning obstacles encountered in the implementation of the Declaration on the Protection of All Persons from Enforced Disappearance in Italy. This information was transmitted to the Government after its eighty-third session through the following general allegation. 211. In the context of one case of extraordinary rendition that occurred in Italy on 17 February 2003, which involved an enforced disappearance for a certain period of time, and in the context of the extraordinary rendition programmes carried out by the United States of America together with Egypt, where the person was secretly imprisoned and allegedly tortured, it was reported that: (a) Under Italian criminal legislation, enforced disappearance is not codified as an autonomous offence; (b) In addition, public servants that might be accused of acts that may qualify as enforced disappearance can invoke “State secrecy” in order not to testify or be submitted to a regular judgement. 212. On 3 August 2007, a new intelligence law was adopted (Legge No. 124) according to which State secrecy cannot be invoked in order to not be submitted to regular judgement for a series of serious crimes. However, grave human rights violations, including enforced disappearance, are not included in this list. The Working Group was also informed that according to this law, news, acts, activities, information, documents and places may be covered by State secrecy for at least 15 years.

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