The introduction of a distinct offence of torture in the Italian legal order will be the most effec- tive way of implementing Article 4 of the 1984 UN Convention against Torture. Those States parties which have introduced a separately specific offence of torture have nonetheless frequently adopted defini- tions which are not entirely adequate in the light of the scope of the Convention. Problematic areas in- clude “mental” torture, the role of state agents in the practice of torture and exceptions which are differ- ent from those “lawful sanctions” exception provided for in the Convention itself. The Italian case is a good illustration of the kind of obstacles which frequently arise when States are invited to introduce an ad hoc offence of torture.
Obblighi internazionali in materia di tortura e ordinamento italiano
GIOFFREDI, Giuseppe
2016-01-01
Abstract
The introduction of a distinct offence of torture in the Italian legal order will be the most effec- tive way of implementing Article 4 of the 1984 UN Convention against Torture. Those States parties which have introduced a separately specific offence of torture have nonetheless frequently adopted defini- tions which are not entirely adequate in the light of the scope of the Convention. Problematic areas in- clude “mental” torture, the role of state agents in the practice of torture and exceptions which are differ- ent from those “lawful sanctions” exception provided for in the Convention itself. The Italian case is a good illustration of the kind of obstacles which frequently arise when States are invited to introduce an ad hoc offence of torture.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
