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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