Prohibition of Torture and other Cruel, Inhuman or Degrading Treatment or Punishment: some Remarks on the Operative Solutions at the European Level and their Effects on the Member States. The Case of Italy

This paper analyzes European measures against torture and inhuman or degrading treatment or punishment in order to verify their effectiveness, especially in terms of the values that are actually being protected. First, it examines the distinction between the external and internal action of the European Union, highlighting ways in which the EU appears to be more attentive to combat practices of torture in third countries than to domestic incidents and the proposals to legalize torture made at a political level in some Member States. Then, it examines the European Court of Human Rights’ ruling in the Cestaro versus Italy case, focusing specifically on the fact that Italy was in breach of its obligations under Article 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, because the framework does not recognize torture as a crime and does not provide instruments of deterrence to effectively prevent the execution and the recurrence of such acts. The essay also focuses on the draft law pending in Parliament (which later became law) to assess whether the proposed solutions could prevent the repetition of events similar to those that occurred after the G8 Summit in Genoa. (Questo contributo costituisce l'approfondimento di uno studio svolto in un gruppo di ricerca interdisciplinare e internazionale che ha portato alla pubblicazione di un volume a cura di M. Di Giovanni, C.R. Gaza, G. Silvestrini. Questo contributo è stato recensito nella Rivista International Journal of Law and Society).