No doubt to The European Court of Human Rights: in 2001 there has been a «violation» of Article 3 of the Convention for human rights
by Emiliano Biaggio
In Italy tortures were perpetrated by policemen at Diaz school in Genoa, according to the European Court of Human Rights. In a recent judgement on the G8 summit held in 2001 the Court found that there had been a violation of the European Convention on Human Rights on account of acts of torture sustained by the applicant and of the Italian criminal legislation, which was «inadequate for the punishment of such acts and not an effective deterrent against their repetition». The decision by the Court based in Strasbourg was taken at unanimity. All the members agreed in Italy «there has been a violation of Article 3 of the Convention in its substantive aspect». The article states «no one shall be subjected to torture or to inhuman or degrading treatment or punishment», but it was not the case for Arnaldo Cestaro, who was found victim of inhuman treatment by the Italian authorities. The Court considered that the applicant «suffered moral damages because of the violations». Therefore the Court, ruled «it is appropriate to grant the applicant 45.000€ in this respect».
The Court was called to produce a verdict on the so called "Cestaro affair". Arnaldo Cestaro was in Genoa in 2001 to demonstrate against the G8 leaders. He was involved in the raid on the "Armando Diaz" school, the operation conducted by policemen during the 27th G8 meeting in Genoa. On July 21, 2001, shortly before midnight, mobile divisions of the State Police of Genoa, Rome and Milan attacked the buildings, with the operational support of some battalions of the Carabinieri. The police attacked the building's occupants, resulting in the arrest of 93 protesters; 61 were seriously injured and were taken to hospital. Among them there was Arnaldo Cestaro, aged 62 at that time. Because of the raid the man got fractured at the right ulna, the right fibula and at several ribs. He told the Court to be one of the last people to be assisted by medical staff, despite his conditions. In 2009 Cestaro got 35.000€ in compensations, but he considered the sum not enough and he submitted the case to the European Court of Human Rights. Today the Court recognised violations inviting Italy to pay other 45.000€ to Arnaldo Cestaro. At the same time the legal body called Italy to produce new legislation in order to fill the legal gap existing in the country.
In its judgement the Court recalled Italy ratified the United Nations Convention against torture in 1989, but «after twenty five years nothing has been done, so that acts of torture that are committed in Italy inevitably fall under the influence of prescription, for lack of a law sanctioning torture as such by imposing adequate penalties commensurate with the gravity of the facts». Italy has no "ad hoc" laws for tortures and this makes impossible to address the problem. And this a problem: according to established case law of the Court, there is the obligation to punish adequately abuses preventing the statute of limitation for offences or criminal action. Apparently in Italy there is something wrong with justice.
Read the Chamber judgement (in French)
In Italy tortures were perpetrated by policemen at Diaz school in Genoa, according to the European Court of Human Rights. In a recent judgement on the G8 summit held in 2001 the Court found that there had been a violation of the European Convention on Human Rights on account of acts of torture sustained by the applicant and of the Italian criminal legislation, which was «inadequate for the punishment of such acts and not an effective deterrent against their repetition». The decision by the Court based in Strasbourg was taken at unanimity. All the members agreed in Italy «there has been a violation of Article 3 of the Convention in its substantive aspect». The article states «no one shall be subjected to torture or to inhuman or degrading treatment or punishment», but it was not the case for Arnaldo Cestaro, who was found victim of inhuman treatment by the Italian authorities. The Court considered that the applicant «suffered moral damages because of the violations». Therefore the Court, ruled «it is appropriate to grant the applicant 45.000€ in this respect».
The Court was called to produce a verdict on the so called "Cestaro affair". Arnaldo Cestaro was in Genoa in 2001 to demonstrate against the G8 leaders. He was involved in the raid on the "Armando Diaz" school, the operation conducted by policemen during the 27th G8 meeting in Genoa. On July 21, 2001, shortly before midnight, mobile divisions of the State Police of Genoa, Rome and Milan attacked the buildings, with the operational support of some battalions of the Carabinieri. The police attacked the building's occupants, resulting in the arrest of 93 protesters; 61 were seriously injured and were taken to hospital. Among them there was Arnaldo Cestaro, aged 62 at that time. Because of the raid the man got fractured at the right ulna, the right fibula and at several ribs. He told the Court to be one of the last people to be assisted by medical staff, despite his conditions. In 2009 Cestaro got 35.000€ in compensations, but he considered the sum not enough and he submitted the case to the European Court of Human Rights. Today the Court recognised violations inviting Italy to pay other 45.000€ to Arnaldo Cestaro. At the same time the legal body called Italy to produce new legislation in order to fill the legal gap existing in the country.
In its judgement the Court recalled Italy ratified the United Nations Convention against torture in 1989, but «after twenty five years nothing has been done, so that acts of torture that are committed in Italy inevitably fall under the influence of prescription, for lack of a law sanctioning torture as such by imposing adequate penalties commensurate with the gravity of the facts». Italy has no "ad hoc" laws for tortures and this makes impossible to address the problem. And this a problem: according to established case law of the Court, there is the obligation to punish adequately abuses preventing the statute of limitation for offences or criminal action. Apparently in Italy there is something wrong with justice.
Read the Chamber judgement (in French)
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