The Committee considered the third periodic report of Italy (CCPR/C/64/Add.8)
at its 1330th to 1332nd meetings, held on 11 and 12 July 1994 (see
CCPR/C/SR.1330 to 1332), and adopted at the 1353rd meeting (fifty-first
session), held on 27 July 1994 the following comments:
expresses its appreciation to the State party for its elaborate
and thorough report, which has been prepared in accordance with
the Committee's guidelines, and for engaging, through a highly qualified
delegation, in a very constructive dialogue with the Committee.
It notes with satisfaction that the information provided in the
report, and submitted orally by the delegation in reply to questions
posed by members enabled the Committee to obtain a comprehensive
view of Italy's actual compliance with the obligations undertaken
under the Covenant.
2. Factors and difficulties affecting the implementation of the
notes the emergence in certain parts of the population of Italy
of a trend towards racism and intolerance against foreigners, particularly
asylum-seekers and migrant workers, and the resurgence of certain
elements militating in favour of political movements reminiscent
of a past when human rights were seriously violated. The Committee
also notes that there are difficulties in implementing the necessary
struggle against organized crime and corruption, especially in the
highest spheres of power, in a manner that is compatible with the
provisions of the Covenant.
3. Positive aspects
notes with particular satisfaction the high level of achievement
in the respect of human rights in Italy and the strong commitment
of the State party to the promotion and protection of human rights
at both the national and the international levels. In this regard,
it welcomes, in particular, the intention of the State party to
accede to the Second Optional Protocol to the Covenant, aiming at
the abolition of the death penalty.
welcomes the efforts taken by the State party to promote equal opportunities
for women, particularly through the work of the Commission for Parity
and Equality of Opportunities for Men and Women, and the progress
achieved in improving women's participation in public affairs, professions
and the private economic sector. It also welcomes the adoption,
on 26 April 1993, of a law aiming at strengthening the prevention,
elimination and punishment of racist acts. The Committee takes note
of agreements recently concluded between the State party and certain
religious denominations, as well as the proposed establishment of
a special office on religious freedom. The improvements in the free
legal aid scheme and the establishment of an advisory national bioethics
committee are also welcomed. Moreover, the Committee appreciates
the various measures taken by the State party to protect and promote
the rights of persons belonging to linguistic minorities, which
constitutes a positive approach to the full implementation of article
27 of the Covenant.
subjects of concern
continues to regret the extent of State party's reservations to
the Covenant and that it has yet not envisaged withdrawing some
regrets that the office of the citizens' advocate has not yet been
established at the national level and that similar offices do not
exist in all regions of the State party. Furthermore, there do not
appear to be any guidelines regarding cooperation and coordination
between those different offices. These facts combined with distinctions
in the powers and functions of the regional and local citizens'
advocates, may cause unequal protection for individuals depending
on the place where they live.
is concerned about cases brought to its attention of ill-treatment
of persons by police and security forces in public places and police
stations. The Committee is also concerned by the increasing number
of cases of ill-treatment in prisons. It notes with concern that
the Government does not always investigate thoroughly those cases,
that torture as such is not punishable in domestic law and that,
consequently, appropriate sanctions are not always imposed on those
is concerned about the duration of preventive detention as provided
for under the law which does not appear to be compatible with the
requirements of articles 9 and 14 of the Covenant. Delays in judicial
proceedings remain worrisome despite attempts at reducing them.
The Committee is also concerned at the various problems faced in
the administration of prisons and other detention centres, particularly
is concerned about the excessive concentration of control of the
mass media in a small group of people. Furthermore, it notes that
such concentration may affect the enjoyment of the right to freedom
of expression and information under article 19 of the Covenant.
is concerned that the State party's definition of minorities is
confined to linguistic minorities within its territory and that,
consequently, members of other minorities may not enjoy equal protection
of their rights under article 27.
5. Suggestions and recommendations
recommends that the State party review its reservations to the Covenant
with a view to withdrawing them.
of the fact that criminal legislation does not provide for the death
penalty, the Committee wishes to encourage the State party to take
the necessary steps to accede to the Second Optional Protocol to
expresses the hope that the Government will undertake the necessary
measures to establish a citizens' advocate office at the national
level. It also recommends that, at the regional level, where this
has not yet been done, citizens' advocate offices be established
and that functions and powers of regional citizens' advocates be
urges the State party to consider making torture a specific criminal
offence. In addition, it suggests that the State party further strengthen
measures to protect the rights of detainees by promptly investigating
allegations of ill-treatment and ensuring that appropriate penalties
are applied whenever such offences are committed; preventing the
commission of such acts through efforts to ensure the stricter observance
of regulations relating to the treatment of detainees and offenders;
and reducing the length of preventive detention, taking into account
the principle of presumption of innocence and the complexity of
the investigation. The Committee also suggests that more effective
and thorough human rights training be provided to law enforcement
officials and prison officers.
recommends that the State party re-examine the possibility of civil
liability of judges in the light of the Basic Principles on the
Independence of the Judiciary.
to avoid the inherent risks in the excessive concentration of control
of the mass information media in a small group of people, the Committee
emphasizes the importance of implementing measures to ensure impartial
allocation of resources, as well as equitable access to such media,
and of adopting anti-trust legislation regulating mass media.
recommends that the State party continue to strengthen its education
and training programmes on multi-culturalism with a view to eliminating
racial discrimination and advancing tolerance and understanding
among peoples and races.
efforts are required to ensure the equal participation by women
in public life and more effective protection of women against all
forms of violence.
would appreciate receiving in the next periodic report information
on those matters which, owing to time constraints, remained unanswered,
including the legal measures taken by the State party to allow the
implementation of the views of the Committee under the Optional