A/HRC/13/42*
page 141
Country
Response
law’’. The deprivation of a person's liberty can only take
place in defined circumstances, and there is no concept in
Irish law of a detention which is simultaneously both lawful
and secret.
• No further comments on effectiveness of secret detention or
other counter-terrorism measures or on past experiences with
secret detention.
19. Italy
• Italy’s legal system is designed to ensure the effective
framework of guarantees protective of human rights; after
9/11 Italy adopted urgent measures to combat terrorism,
updating anti-terrorist legislation.
• Italy referred to the case of Hassam Osama Mustafa Nasr
(Abu Omar) with regard to whom a judicial investigation had
been initiated, involving the committal of 26 people for trial
who had served at the Italian Intelligence and Military
Service. The trial is ongoing. Under Act No. 124, the Services
were suppressed, while their tasks were placed under the
responsibly of the President of the Council of Ministers, as
the National Authority for the Security. It is envisaged that a
legal excuse available to personnel would be that the
activities are considered critical for pursuing institutional
objectives. State secrecy has also be redefined by limiting its
application, particularly to be in line with certain values
(integrity; protection of constitutional institutions; protection
of the independence of the state; protection of the military
defense). The Criminal Procedure Code has also been
reformulated to provide for a privilege for civil servants to
plead state secrets to avoid having to testify in relevant cases.
However, there is scope for the Judicial Authority to apply to
the Constitutional Court to examine documents covered by
state secrecy.
• Secret detention is not considered to be an effective tool to
counter terrorism.
• Italy is not in a position to provide specific relevant practice.
20. Jamaica
• Jamaica supports the efforts of the United Nations in general,
and the Special Rapporteurs in particular, to promote and
protect human rights and fundamental freedoms, whilst also
countering the dangers of terrorism.
• Have never engaged in the practice of secret or any other type
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