CAT/C/ITA/CO/5-6 Statute of limitations 12. The Committee is concerned that the crime of torture is subject to a statute of limitations of 18 years. 13. The Committee recommends that the State party ensure that the offence of torture is not subject to any statute of limitations, in order to preclude any risk of impunity in relation to the investigation of acts of torture and the prosecution and punishment of perpetrators. National and regional mechanisms for the prevention of torture 14. The Committee welcomes the establishment of the National Authority for the Rights of Persons Detained or Deprived of Personal Liberty as the national preventive mechanism under the Optional Protocol to the Convention, and commends the creation of local preventive mechanisms in some regions and cities, although their independence has sometimes been questioned. It regrets, however, the lack of information provided about the action taken by the State party in response to the recommendations issued by the National Authority since it became operational in March 2016 (art. 2). 15. The State party should: (a) Ensure the functional, structural and financial independence of the existing regional and municipal preventive mechanisms for the prevention of torture; (b) Ensure effective follow-up to, and implementation of, recommendations of the National Authority for the Rights of Persons Detained or Deprived of Personal Liberty, generated by its monitoring activities, in accordance with the guidelines on national preventive mechanisms, of the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (see CAT/OP/12/5, paras. 13 and 38). National human rights institution 16. While acknowledging the existence of institutional structures that monitor the implementation of human rights, the Committee is concerned that the State party has not yet established a consolidated national human rights institution (art. 2). 17. The Committee reiterates the recommendation contained in its previous concluding observations (see CAT/C/ITA/CO/4, para. 8) that the State party should proceed with the establishment of an independent national human rights institution, in accordance with the principles relating to the status of national institutions for the promotion and protection of human rights (the Paris Principles). Fundamental legal safeguards 18. The Committee takes note of the procedural safeguards set out in articles 143, 386 and 387 of the Code of Criminal Procedure, mainly the right of detainees to notify a relative of their detention, to access a lawyer of their own choosing and to receive the assistance of an interpreter. However, it is concerned about consistent reports indicating that detainees are often not informed about their rights or authorized to communicate with their relatives. The Committee is also concerned at the limited access to legal aid, owing to restrictive qualifying criteria, especially for non-citizens, and that not all detentions are recorded promptly. Lastly, the Committee regrets the maintenance of a maximum detention period of five days for certain crimes before a person held in custody following arrest is brought before a judicial authority (art. 2). 3

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