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MINISTERS’ DEPUTIES |
Decisions |
CM/Del/Dec(2024)1514/H46-21 |
5 December 2024 |
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1514th meeting, 3-5 December 2024 (DH)
H46-21 Cestaro group v. Italy (Application No. 6884/11) Supervision of the execution of the European Court’s judgments
Reference documents |
Decisions
The Deputies
1. recalled that these cases concern the applicants’ torture and other forms of ill-treatment by law enforcement agents and the ineffectiveness of the investigations and court proceedings carried out into these events, due mainly to the absence of criminal provisions imposing appropriate penalties on those responsible for such acts, and also to the time barring of the offences and the failure to identify the perpetrators and the lack of cooperation from the police in this respect;
2. noting with deep regret that the authorities have not provided the requested assessment of the possibility to carry out new criminal investigations in several cases, strongly urged them to address this issue and call on them to provide also their assessment of the disciplinary proceedings concerning all agents involved in these cases and their outcome;
3. noting the information provided by the authorities in this respect, invited them to complete the payment of the just satisfaction in Azzolina, once the applicant will have provided the required documents, and keep the Committee informed;
4. recalling the Italian authorities’ assurances that they have no intention to repeal the provision on the current free-standing offence of torture in the Criminal Code, strongly invited them to guarantee that any possible amendment of this provision will be in conformity with the Convention standards and the Court’s
case-law and will not hinder relevant ongoing criminal proceedings;
5. took note of the elements provided just before and during the meeting on the application of the provision on torture by domestic courts; instructed the Secretariat to assess this information, and called on the authorities to provide any outstanding information, assessments and statistics, as outlined in the Secretariat’s analysis, so as to allow a comprehensive assessment of this issue at the next examination of this group;
6. expressed their grave concern at the lack of progress in the adoption of measures in order to secure the identification of law enforcement agents and the delivery of a clear message at high political level as to the policy of zero tolerance of ill-treatment in law enforcement; urged the authorities to rapidly adopt the requested measures and reiterated their strong call on them to rapidly finalise the legislative process under consideration in Parliament aimed at securing the identification of law enforcement agents through alphanumerical codes;
7. called again on the authorities to ensure that, in conformity with the established relevant case-law of the Court, law enforcement agents charged with crimes involving ill-treatment are suspended from duty during the investigation or trial and dismissed if convicted and to inform the Committee of the measures taken or envisaged in this respect;
8. called on the authorities to strengthen their efforts to secure the full implementation of these judgments, in close contact with the Secretariat; welcomed in this connection the availability of the Italian authorities expressed during the meeting to hold consultations with the Secretariat in Rome during the first half of 2025; invited them to draw fully on the Council of Europe relevant work and the positive experience of other member States for technical assistance and support in their execution action;
9. requested the authorities to provide information on the questions identified above concerning the individual and the general measures no later than 30 June 2025; decided to consider taking further action at the next examination of this group of cases in the absence of tangible progress on the outstanding issues in these cases.