Amnesty International Report 1999 - Italy

ITALY

Several people were prosecuted for peacefully exercising their right to freedom of expression. Further cases of alleged torture and ill-treatment of Somalis by members of the Italian armed forces in Somalia in 1993 emerged. Criminal proceedings relating to alleged torture and ill-treatment of detainees by law enforcement and prison officers were often subject to long delays. Three political prisoners continued to serve prison sentences imposed in 1997 after possibly unfair trials.

In July the UN Human Rights Committee considered Italy's fourth periodic report on its implementation of the International Covenant on Civil and Political Rights (ICCPR). The Committee noted continued delay in introducing a criminal offence of torture, "as defined in international law". It remained concerned at "the inadequacy of sanctions" against law enforcement and prison officers "who abuse their powers" and recommended that "due vigilance be maintained over the outcome of complaints" made against such officers.

The Committee expressed concern that prison overcrowding remained "a serious problem" and recommended urgent remedial action. Although noting that the government had drawn attention to "steps taken to speed up both criminal and civil trials", the Committee was concerned that "so far, no result has become apparent". The Committee recommended that "further measures be taken to increase the efficiency and promptness of the entire system of justice".

A law replacing existing legislation governing conscientious objection to compulsory military service was promulgated in July. Reform of the legislation had been under consideration by successive legislatures for over a decade (see previous Amnesty International Reports). The new law broadened the grounds on which conscientious objector status and alternative civilian service might be granted but did not recognize the right to claim conscientious objector status during military service or within two years of applying for a job involving the use of arms.

In November the judicial authorities, acting on an international arrest warrant issued by Germany, detained Abdullah Öcalan, leader of the Kurdish Workers' Party (PKK), upon his arrival in Rome. Armed members of the PKK have committed hundreds of deliberate and arbitrary killings of civilians and prisoners in Turkey since the organization's foundation in 1978, and have reportedly attacked and killed its supposed enemies in various European countries, including Germany (see Turkey entry and previous Amnesty International Reports).

Abdullah Öcalan, who applied for political asylum on arrival, was first detained in hospital, then in private accommodation under a form of town arrest. An appeal court lifted the detention order in mid-December after Germany withdrew its arrest warrant and confirmed that, for reasons of internal security, it had decided against requesting the PKK leader's extradition to answer criminal charges.

Decisions on Abdullah Öcalan's asylum request and on a formal request for his extradition by Turkey had not been issued by the end of the year. However, in November the judicial and government authorities, in rejecting an international warrant for his arrest issued by Turkey, had already declared that he could not be returned to Turkey as he faced the death penalty there. Italian constitutional law precludes extradition of any person to a country where they could face the death penalty. The government also publicly opposed granting political asylum to Abdullah Öcalan and indicated that it was exploring the possibility of bringing him to trial before a national or international court. At the end of the year Abdullah Öcalan remained under police surveillance for security reasons but was free to leave the country.

Several criminal proceedings were under way against members of the secessionist parliamentary party Lega Nord, Northern League, for peacefully exercising their right to freedom of expression. They were accused of vilifying the Italian nation and the national flag, offences punishable by between one and three years' imprisonment. In court hearings held between January and April, Luca Paolini and Roberto Zaffini were tried on both charges on the basis of a placard displayed during a Northern League demonstration in November 1996 which read, "Italy is a sewer, thanks to thieves, friends, friends of friends and false enemies". Photographs of prominent Italian politicians appeared under each category. The Public Prosecutor's office accused them of thereby showing contempt for the Italian nation and for the colours of the Italian flag, because the words were written against the background of the Italian tricolour. Both men were acquitted in April after the Public Prosecutor's office, which in June 1997 had requested their committal for trial, asked the court to acquit them on the grounds that their actions did not constitute a crime.

In May a government Commission of Inquiry issued its second report on the conduct of Italian troops accused of the torture, ill-treatment and unlawful killing of Somalis while participating in a un-authorized peace-keeping operation in Somalia in 1993 and 1994 (see Amnesty International Report 1998). The report indicated that the Commission had interviewed 11 Somalis flown to Italy in January but had failed to carry out on-site investigations in Somalia, as urged by Somali human rights monitors and Amnesty International in 1997. The Commission acknowledged that it had not had access to important documents forming the central body of the new evidence which had triggered the reopening of its investigations. These were already under investigation by the judicial authorities and so were subject to judicial secrecy, as was part of the testimony of several witnesses relevant to the Commission's investigations.

The Commission dismissed some new allegations of torture and unlawful killing as untrue and could not come to a definite conclusion on the credibility of others. However, the new allegations it considered credible included the attempted rape of a Somali girl with a pistol flare in August 1993 and the hooding and beating of three Somali men over a three-day period in July 1993. It considered the men's allegations possibly exaggerated, but indicated that members of the armed forces had presented false documentation to investigators to try to cover up their involvement.

The Commission confirmed some of the alleged abuses described in its first report, but failed to clarify exactly what had occurred in each incident. Thus, the Commission concluded that soldiers had raped a girl with a pistol flare in November 1993, as stated in its first report, but pointed out that a girl flown to Italy, claiming to be the victim, was not the one photographed at the time of the incident. It also identified a man photographed while being subjected to electric shocks by soldiers, but pointed out that he had failed to recognize his alleged torturers when brought face to face with them in Italy.

The Commission concluded that "episodes of violence were sporadic and localized, not widespread and general" and that ordinary soldiers in the ranks were responsible for the worst acts of abuse "with the active participation of, or in the complacent or amused presence of, young officers and non-commissioned officers". Some middle-ranking officers were blamed for not having known what men in their charge were doing. "At the highest level", which the Commission did not define, "there was an inability to foresee that certain events might occur and a failure to make checks which might have ensured that repeatedly given orders and instructions were properly applied".

The Commission recalled the recommendations made in its first report and emphasized the need for citizens to be better educated in ethics and democratic principles from the earliest age, as well as during training in military establishments. It advised that, in future, all similar overseas missions should include an adequate number of military police, experienced in investigative police work, and be accompanied by a magistrate to oversee relevant investigations.

Upon publication of the report, the Minister of Defence announced that 12 disciplinary proceedings, involving eight officers and five non-commissioned officers, had resulted in punishments apparently ranging from formal reprimands to suspensions and confinement to barracks. At the end of the year the military and civilian judicial authorities continued to carry out investigations into a number of specific allegations of human rights violations.

Judicial proceedings relating to alleged torture and ill-treatment of detainees by both law enforcement and prison officers were often subject to lengthy delays. Criminal proceedings against four of the Palermo police officers prosecuted in connection with the torture and death of Salvatore Marino in 1985 (see previous Amnesty International Reports) were apparently still continuing. The outcome of their retrial, ordered by the Supreme Court in February 1997, was not known.

The joint trial of two police officers charged with causing Grace Patrick Akpan serious injuries, insulting her, threatening her and abusing their powers in February 1996, and of Grace Patrick Akpan on charges of refusing to identify herself to them, and of insulting, resisting and injuring a police officer, which had been postponed since February 1997 (see Amnesty International Reports 1997 and 1998), did not open until December. However, after one day, the hearing was postponed until March 1999, apparently to allow the court to question further witnesses.

Trial proceedings against more than 60 prison officers in connection with the alleged systematic ill-treatment of inmates of Secondigliano in 1992 and 1993 (see previous Amnesty International Reports) had still not concluded by the end of the year.

The joint trial of an officer charged with causing Marcello Alessi bodily harm in San Michele prison in 1992 and of Marcello Alessi, charged for a second time with insulting the officer during the 1992 incident (see Amnesty International Reports 1997 and 1998), scheduled to take place in March, after being postponed from December 1997, was postponed until January 1999, after Marcello Alessi failed to appear in court.

Three leading members of the former extra-parliamentary left-wing group Lotta Continua (Continuous Struggle) – Adriano Sofri, Ovidio Bompressi and Giorgio Pietrostefani – continued to serve 22-year prison sentences for participation in the killing of Police Commissioner Luigi Calabresi in Milan in 1972 (see Amnesty International Report 1998). In April Ovidio Bompressi was granted a temporary suspension of sentence on health grounds, converted into house arrest in August. In March the Fifth Section of Milan Appeal Court pronounced on the men's application, lodged in December 1997, for a judicial review of a sentence issued by the Third Section of Milan Appeal Court in 1995 which had resulted in their imprisonment in January 1997 after nine years of judicial proceedings and seven trials. The prisoners argued that the application contained new witness testimony and new technical and ballistic evidence and that therefore the proceedings qualified for review. However, the Court concluded that the application was based on information which had either been already examined, or was irrelevant, and was, therefore, inadmissible.

The prisoners then lodged an appeal with the Supreme Court. In October, in a highly critical analysis of the Appeal Court's reasoning, the Supreme Court annulled the Appeal Court's decision and referred the application back to another section of the Milan Appeal Court for re- examination and a decision on retrial. Following the introduction in November of new legislation preventing an application for judicial review from being examined twice by the same appeal court, the application was transferred to Brescia Appeal Court. The Court's decision was still awaited at the end of the year.

Throughout the year Amnesty International reiterated its concern about the excessive length and complexity of the proceedings and about several other aspects which raised serious doubts about their fairness.

The organization expressed concern about delays in judicial proceedings relating to alleged torture and ill-treatment by law enforcement and prison officers and sought information from the authorities on the progress and outcome of judicial and administrative investigations into such allegations, as well as into alleged human rights violations by Italian troops in Somalia.

Amnesty International welcomed several aspects of the new law on conscientious objection to military service. However, the organization reiterated its belief that conscientious objectors to military service should be able to seek conscientious objector status at whatever time they develop their objections.

In January Amnesty International expressed concern that the prosecution of Luca Paolini and Roberto Zaffini was inconsistent with Italy's obligations under Article 10 of the European Convention for the Protection of Human Rights and Fundamental Freedoms and Article 19 of the ICCPR, which guarantee the right to freedom of expression.

In December Amnesty International wrote to the Prime Minister, Massimo D'Alema, welcoming the government's decision not to extradite Abdullah Öcalan to Turkey where he would face the death penalty and possible risk of ill-treatment or torture. However, Amnesty International emphasized that it is essential that states uphold international humanitarian standards by seeking the means to bring to justice those who have directly violated those standards or ordered others to do so through a chain of command. The organization asked what steps the authorities were taking to ensure that Abdullah Öcalan would be tried for his part in the widespread human rights abuses committed by the PKK under his leadership.