CAT/OP/ITA/1/Add.1
I. Introduction
1.
The 1948 Basic Law determines the political framework for action and organization
of the State. The fundamental elements or structural principles of the constitutional law
governing the organization of the State are as follows: Democracy, as laid down in Article
1; the so-called personalistic principle, as laid down in Article 2, which guarantees the full
and effective respect for human rights; the importance of labour, as a central value of the
Italian community (Arts. 1 and 4); the principle of solidarity (Article 2); the principle of
equality, as laid down in Article 3 (it is also the fundamental criterion applied in the
judiciary system when bringing in a verdict); the principles of unity and territorial integrity
(Article 5); and overall, the principles of social state/welfare, the rule of law and the respect
for human rights and fundamental freedoms. Among the “Fundamental Principles”, Articles
10 and 13 of the Italian Constitution set forth as follows:
“The Italian legal system conforms to the generally recognised principles of international
law. The legal status of foreigners is regulated by law in conformity with international
provisions and treaties. A foreigner who, in his home country, is denied the actual exercise
of the democratic freedoms guaranteed by the Italian constitution shall be entitled to the
right of asylum under the conditions established by law. A foreigner may not be extradited
for a political offence”;
“Personal liberty is inviolable. No one may be detained, inspected, or searched nor
otherwise subjected to any restriction of personal liberty except by order of the Judiciary
stating a reason and only in such cases and in such manner as provided by the law. In
exceptional circumstances and under such conditions of necessity and urgency as shall
conclusively be defined by the law, the police may take provisional measures that shall be
referred within 48 hours to the Judiciary for validation and which, in default of such
validation in the following 48 hours, shall be revoked and considered null and void.
Any act of physical and moral violence against a person subjected to restriction of personal
liberty shall be punished. The law shall establish the maximum duration of preventive
detention”.
2.
Indeed, the Italian legal system aims at ensuring an effective framework of
guarantees, to fully and extensively protect the fundamental rights of the individual. To this
end, we rely on a solid framework of rules, primarily of a constitutional rank, of which the
respect for human rights is one of the main pillars.
Part I -
Preliminary remarks
Large migratory movements
3.
Although large migratory movements have started in 2013-2014, as recently recalled
by UNHCR, “Persecution, conflict and poverty forced over 1 million people to flee to
Europe in 2015. Many came seeking safety for themselves and their families, risking their
lives and facing a treacherous journey”.
4.
Italy, through the Navy, Coast Guards and Revenue Guards Corps (Guardia di
Finanza), is at the forefront of search and rescue activities at sea (SAR), along with the
other Forces involved in the Frontex Triton Plus operation.
5.
According to recent data made available by UNHCR, during the month of July 2016,
93% of people who disembarked in Europe have been registered in the Italian Regions of
Sicily, Calabria, Apulia, Sardinia, and Campania.
2