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Title: Italy Human Rights Practices, 1995
Author: U.S. Department of State
Date: March 1996
ITALY
Italy is a longstanding multiparty parliamentary democracy. Executive
authority is vested in the Council of Ministers, headed by the President
of the Council (the Prime Minister). The Head of State (the President
of the Republic) nominates the Prime Minister after consulting with
leaders of all political forces in Parliament. Parliament was elected
in free and democratic elections in March 1994. The judiciary is
independent but continues to be subject to occasional political
pressures.
The armed forces are under the control of the Government and Parliament.
There are four separate police forces under different ministerial or
local authorities. Under exceptional circumstances, the Government may
call on the army to provide security. The armed forces were assigned to
patrol along the southern coastline of Puglia to counter illegal
immigration. They also replace the police in general guard duties in
regions with a high level of organized crime, such as those around
Naples and in Sicily, thus freeing police resources for investigative
and related activities. There were a number of credible reports that
some members of the security forces committed abuses.
Italy has an advanced, industrialized market economy, and the standard
of living is high. Small and midsized companies employ some 70 to 80
percent of the work force. Major products include machinery, textiles,
apparel, transportation equipment, food, and agricultural products. The
Government owns a substantial number of enterprises in finance,
industry, transportation, and services, but privatization is moving
forward at a measured pace.
The Government generally respected the human rights of its citizens.
The law and the judiciary generally provide effective means of dealing
with instances of individual abuse. However, there were problems in
some areas. There continued to be reports of police abuse of detainees,
although abuse of inmates by prison guards declined. Prisons are
overcrowded and the pace of justice remains slow. Discrimination
against women, abuse of children and discrimination and sporadic
violence against immigrants and other foreigners are problems. However,
Parliament passed new legislation to regulate the often criticized
practice of preventive detention. The Government is taking steps to
combat violence against women.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom
from:
a. Political and Other Extrajudicial Killing
There were no reports of political or other extrajudicial killings.
Two Turin police officers were brought to trial on manslaughter charges
in 1994 for beating a suspect to death after his arrest in December
1993. In January a court acquitted both officers, finding that the one
officer's use of physical force had been within the limits of the the
law. The suspect's family appealed in April.
In March the commandant of a carabinieri barracks near Padua was
sentenced to 2 months' imprisonment for "abuse of authority." The court
ordered him to pay compensation of approximately $6,250 (10 million
lire) for the September 1993 death of an 11-year-old Romani detainee and
the wounding of his 13-year-old cousin. The Padua judiciary also
convicted a carabinieri officer involved in the same death of
manslaughter. The court gave him a suspended sentence of 1 year and 5
months' imprisonment. He was also ordered to pay approximately $2,175
(3.5 million lire) in compensation to the child's family. In September
a court-martial expelled him from the carabinieri and gave him a
suspended sentence of 3-months' imprisonment.
The case of an Iranian opposition leader killed in March 1993 remains
unsolved.
b. Disappearance
There were no reports of politically motivated disappearances.
c. Torture and other Cruel, Inhuman, or Degrading Treatment or
Punishment
The law prohibits torture and cruel or degrading punishment. However,
there have been some reports of abuse by police. Amnesty International
(AI), the U.N. Human Rights Commission (UNHRC), the U.N. Committee
Against Torture, and the Council of Europe's European Committee for the
Prevention of Torture (ECPT) reported instances in which police abused
detainees at the moment of arrest or during the first 24 hours in
custody, before detainees saw an attorney or a judicial authority.
Examples of mistreatment included kicking, punching, prolonged beating
with batons, or deprivation of food. A high proportion of these cases
involve non-European Union immigrants (mostly Africans), Romani people,
and people held in connection with drug-related offenses. The U.N.
Committee against Torture and the UNHRC expressed concern over a
possible trend towards racism. AI, UNHRC, and the UN Committee Against
Torture noted that although authorities routinely investigate complaints
of mistreatment in detention, some of the investigations lack
thoroughness. The U.N. Committee and UNHRC also questioned whether
appropriate sanctions were imposed on those found guilty. Italy has
ratified all of the principal international instruments prohibiting
torture and cruel, inhuman, or degrading treatment or punishment, but
the ECPT and the UNHRC recently recommended that the authorities take
more effective steps to safeguard detainees and inmates from poor
treatment. The ECPT visited prisons in October 1995, but its report is
not yet available. The ECPT first inspected prisons in March 1992. A
report by AI in April cited several specific instances of mistreatment
by law enforcement and prison officers, including the November 1993
beating by three carabinieri police officers of a Nigerian detainee.
According to AI, a court gave the three Carabinieri a suspended sentence
of 12 months' imprisonment. The court also ordered that the sentences
not be recorded in the standard information certificates which the
central records office supplies to third parties.
In September a public prosecutor in Rome initiated proceedings against a
police officer accused of mistreating a 13-year-old in September 1993.
The number of allegations of abuse of prisoners by guards is decreasing.
In July a court acquitted the director of a jail who had been charged
with placing in isolation a prisoner whom a doctor had recommended
receive hospitalization. The detainee has appealed the decision.
In December 1994, the Naples judiciary committed to trial 71 prison
officials of the Secondigliano prison, including the chief warden, on
charges of mistreating some 300 inmates in early 1993. A court hearing
for 65 of the defendants, all of them prison guards, has been scheduled
for early 1996. Hearings for the remaining six defendants are yet to be
scheduled.
Prison conditions meet international levels and would not, in theory,
pose a serious threat to life or health. However, the prison population
exceeds the maximum capacity of the nation's prisons by some 50 percent:
in some cases the number of inmates is two or three times greater than
capacity. Overcrowding creates problems of poor sanitation and strains
medical services. AIDs is a major problem, although the law allows
judges to release prisoners whose detention would prevent access to
appropriate treatment or would endanger the health of other inmates.
According to data of the Association of Prison Doctors, more than 5
percent of the total prison population is HIV positive.
Inmates engaged in hunger strikes, seeking improvements in conditions.
There were 36 suicides by prisoners as of September, compared with 51 in
1994.
The Government permits independent monitoring of prison conditions by
parliamentarians, local human rights groups, the media, and other
organizations.
d. Arbitrary Arrest, Detention, or Exile
In August Parliament passed major new legislation on preventive or
investigative detention. The new law was a clear response to growing
political concern that the previous law had allowed excessive use of the
practice. Public attention was focused on the issue by the "clean hands
investigations." (These were nationwide investigations into kickbacks
and corruption, which began in February 1992, and which implicated
politicians of many parties as well as officials of private and public
companies.) Many claimed that investigators abused preventive detention
to extract confessions or seek information to incriminate others.
The new law specifically adds that preventive detention can be imposed
only as a last resort, or if there is clear and convincing evidence of a
serious offense, such as crimes involving the mafia, or those related to
drugs, arms, and subversion. In these cases, a maximum of 2 years of
preliminary investigation is permitted. Except in extraordinary
situations, preventive custody is not permitted for pregnant women,
single parents of children under 3 years of age, persons over 70 years
of age, or those who are seriously ill.
Detainees are allowed prompt and regular access to lawyers of their
choosing and to family members. If a detainee is indigent, the State
provides a lawyer. The preliminary hearing judge's interrogation of an
accused person must be conducted within 5 days, or the defendant must be
released. Interrogation by a magistrate of a person in custody must be
recorded on video or audio tape, or the statements cannot be utilized in
any proceedings. The prosecutor is required to include in his request
for preventive measures all evidence favorable to the accused. In
addition, the defense may present any favorable evidence directly to the
court.
Preventive custody can be imposed only for crimes punishable by a
maximum sentence of not less than 4 years.
There is no provision for bail, but judges may grant provisional liberty
to suspects awaiting trial. As a safeguard against unjustified
detention, panels of judges ("liberty tribunals") review cases of
persons awaiting trial and decide whether continued detention is
warranted. Despite these measures, as of mid-1995, over 40 percent of
inmates were in prison because they were awaiting either trial or the
outcome of an appeal, rather than because they had been sentenced. The
average waiting period for trials is about 18 months, but can exceed 24
months. Preventive detention thus sometimes runs longer than the
penalty for the crime. The Constitution and law provide for restitution
in cases of unjust detention.
Punishment by exile abroad is not practiced, and the law prohibits
domestic exile.
e. Denial of Fair and Public Trial
The judiciary is formally autonomous, but the Constitution gives the
Justice Minister the right to propose disciplinary action against
magistrates. Heated friction between magistrates and the Justice
Minister developed in several cases where this right was exercised.
The law provides for trials to be fair and public, and the authorities
observe these provisions. The law grants defendants the presumption of
innocence. Trials are public, and defendants have access to an attorney
sufficiently in advance to prepare a defense. Defendants can confront
witnesses. All government-held evidence is normally made available to
defendants and their attorneys. Defendants can appeal verdicts to the
highest appellate court.
Cumbersome procedures slow the pace of justice. A revised Code of
Criminal Procedure which took effect in 1989 sought to streamline the
process, but it proved ineffective. Parliament is working to amend it.
There is a broad public perception that magistrates are sometimes swayed
by their political or other interests. Since 1993, more than 200
magistrates have come under judicial investigation on charges of
corruption, collusion, or mafia-related crimes. At least 15 were
arrested and several others were committed to trial. The number of
magistrates accused of involvement with the mafia is growing with the
increasing number of ex-mafia members who are becoming state witnesses.
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The law safeguards the privacy of the home, and the authorities respect
this provision. Searches and electronic monitoring may be carried out
only under judicial warrant and in carefully defined circumstances.
There have been no reports of any other kinds of violations of privacy.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The law provides for freedom of speech and the press, and the Government
respects these rights in practice. An independent press, an effective
judiciary, and a functioning democratic
political system combine to ensure freedom of speech and of the press,
including academic freedom.
b. Freedom of Peaceful Assembly and Association
The Government does not restrict the right of peaceful assembly,
including protests against government policies, except in cases where
national security or public safety is at risk. Permits are not required
for meetings, but organizers of public demonstrations must notify the
police in advance. Professional and employer associations organize and
operate freely.
While allowing general freedom of association, the Constitution and law
prohibit clandestine associations, those that pursue political aims
through force, that incite racial, ethnic, or religious discrimination,
or that advocate fascism.
c. Freedom of Religion
The Constitution provides for freedom of religion, and the Government
respects this right in practice. The Government subsidizes the Roman
Catholic Church, the Adventist Church, and the Assemblies of God by
allowing taxpayers to elect to designate a fixed percentage of their tax
payment to one or another of these. In November 1993, the Buddhist
community applied for the same funding, but the Government has not yet
responded.
Roman Catholic religious instruction is offered in public schools as an
optional subject. Those students who do not want to attend the "hour of
religion" may take an alternative course. Some schools allow free time
as an option.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation
The Constitution and law provide for these rights, and the Government
respects them in practice. Citizens who leave are guaranteed the right
to return. The Constitution forbids deprivation of citizenship for
political reasons.
The Government cooperates with the U.N. High Commissioner for Refugees
and other humanitarian organizations in assisting refugees. Italy
usually does not grant asylum or permanent refugee status. Applicants
are granted temporary residence permits that must be renewed
periodically and that carry no guarantee of future permanent status.
The Government does not force applicants to return to countries in which
they presumably would face persecution. There were no reports of forced
expulsion of any one having a valid claim to refugee status.
Section 3 Respect for Political Rights: The Right of Citizens to
Change Their Government
All citizens over the age of 18 have the right to vote, by secret
ballot, for the 630 members of the Chamber of Deputies. Those over age
25 have the right to vote for 315 of the 325 members of the Senate,
which also has 10 nonelected members, such as former Presidents of the
Republic. Elections must be held every 5 years, or sooner if the
President of the Republic so orders.
Parliament and a few representatives of regional bodies jointly elect
the President of the Republic for a 7-year term. The Constitution
states that the President need not be a member of Parliament, but must
be over age 50. The President nominates the Prime Minister, who is the
head of the executive and who in turn selects the cabinet members.
There are no restrictions in law on women's participation in government
and politics. Fewer women than men, however, are office holders. In
1995 a woman was Minister of Foreign Affairs but this was the only
cabinet position occupied by a woman of the total of 22. Women hold 29
of 325 Senate seats, and 95 of 630 seats in the Chamber of Deputies,
including its presidency.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human Rights
A wide variety of human rights groups operate without Government
restriction, investigating and publishing their findings on human rights
cases. Government officials are generally cooperative and responsive to
their views.
Section 5 Discrimination Based on Race, Sex, Religion, Disability,
Language, or Social Status
The law prohibits discrimination on the basis of race, sex (except with
regard to hazardous work--see below), religion, ethnic background, or
political opinion, and provides some protection against discrimination
based on disability, language, or social status. However, societal
discrimination persists to some degree.
Women
The law protects women from physical abuse, including from members of
their family. Spousal rape is legally regarded the same as any other
rape. Detailed data on domestic violence are not available, but media
reports are common. The total number of cases filed with the courts was
866 for 1993, 869 for 1994, and 194 for the first quarter of 1995.
Law enforcement and court officials are not reluctant to bring
perpetrators of violence against women to justice, but victims often do
not press charges due to fear, shame, or ignorance of the law. In
addition, technicalities of the law can make conviction uncertain. The
Government provides a hot line through which abused women can obtain
legal, medical, and other assistance. The Government advertises this
service actively. Women's associations maintain several shelters for
battered women.
The media report cases of trafficking in women, often involving forced
prostitution. The women (as well as their exploiters) are usually
illegal immigrants and are therefore reluctant to contact the police.
Nevertheless, the police have been able to make arrests on several
occasions.
There are a number of government offices which work to ensure women's
rights. The Equal Opportunity Commission is in the Office of the Prime
Minister. Another such commission in the Labor Ministry focuses on
discrimination and women's rights in the workplace. The Labor Ministry
has a counselor who deals with these problems at the national level, and
similar officials serve with regional and provincial governments. Many
of these counselors, however, have limited resources for their work.
Some laws intended to protect women from hazardous work keep them out of
jobs (such as underground work in mines, quarries, or tunnels) that some
feel they can do. Maternity leave, introduced to benefit women, does
add to the cost of employing them, with the result that employers
sometimes find it advantageous to hire men instead.
Women generally receive lower salaries than men for comparable work.
They are underrepresented in many fields, such as management or the
professions (women, for example, account for only one fourth of
magistrates). Women are laid off more frequently than men.
While the law does not specifically prohibit sexual harassment, labor
agreements covering broad sectors of the economy, in both the private
and public sectors, do contain clauses which address the problem.
Women enjoy legal equality with men in marriage, property, and
inheritance rights.
There are many groups actively and effectively involved in promoting
women's rights. Most are close to labor unions or political parties.
Children
The Government demonstrated a strong commitment to children's rights and
welfare through well-funded programs of public education and health
care. During 1995 the Government took additional steps: (a) the
creation of a National Observatory on Minors (collecting data and
cases); (b) the establishment of a National Center for the Protection of
the Child (located in Florence), and; (c) better coordination between
the central government and the regions. By the end of 1995, the first
report on minors will be issued by the center in Florence.
Societal abuse of children is a problem. The National Statistical
Office estimated that 600,000 children below the age of 15 suffered
abuse of some kind within the last 2 years. A toll-free number to help
abused children under 14 years of age received 127,000 calls in the
period from November 1994 through May 1995. Social workers counsel
abused children and are authorized to take action to protect them,
including placing them in shelters.
People with Disabilities
A 1968 law requires almost all employers of 35 or more persons to staff
15 percent of their workforce with disabled persons, but as yet
employers have filled only about 4 percent of their positions with
disabled persons.
A 1971 law requires public buildings to be made accessible to the
physically handicapped, but compliance in schools and other buildings is
still not universal.
A 1992 law sets forth the rights of disabled persons, provides for
various kinds of assistance to them, imposes fines on employers who do
not comply, and authorizes the Labor Inspectorate of the Ministry of
Labor to enforce this law. However, a seminar in February 1994
concluded that this law had not yet significantly benefitted the over 2
million permanently disabled people because the relevant institutions
were still not equipped to implement it.
National/Racial/Ethnic Minorities
Immigrants and other foreigners face discrimination. Some were even
subjected to physical attack. The Romani people encounter difficulties
finding places for their groups to stay. The city of Rome opened a camp
for them in December 1994, and it now holds fifteen families. Eight new
camps are planned, but the Romani population around Rome is between
5,000 and 6,500.
The Forum of Foreigners continues its work on behalf of immigrants and
foreign residents. It has a hot line to report incidents of violence
against foreigners. Other nongovernmental organizations such as Caritas
provide a broad range of assistance to immigrants throughout the
country.
Section 6 Worker Rights
a. The Right of Association
The law provides for the right to establish trade unions, join unions,
and carry out union activities in the workplace. Trade unions are free
of government controls and no longer have formal ties with political
parties. The right to strike is embodied in the Constitution, and it is
frequently exercised. A 1990 law restricts strikes affecting essential
public services such as transport, sanitation, and health. Unions
associate freely with international trade union organizations.
b. The Right to Organize and Bargain Collectively
The Constitution provides for the right of workers to organize and
bargain collectively, and these rights are respected in practice. By
custom (though not by law), national collective bargaining agreements
apply to all workers regardless of union affiliation.
The law prohibits discrimination by employers against union members and
organizers. It requires employers who have more than 15 employees and
who are found guilty of antiunion discrimination to reinstate the
workers affected. In firms with less than 15 workers, an employer must
state the grounds for firing a union employee in writing. If a judge
deems these grounds spurious, he can order the employer to reinstate or
compensate the worker.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor
The law prohibits forced or compulsory labor, and it does not occur.
d. Minimum Age for Employment of Children
The law forbids employment of children under 15 years of age (with some
limited exceptions), but child labor is still a problem, although a
diminishing one. Illegal child labor occurs more frequently in
commercial agriculture than in other sectors. There are also specific
restrictions on employment in hazardous or unhealthful occupations of
males under age 18, and females under age 21. Enforcement of minimum
age laws is effective only outside the extensive "underground" economy.
e. Acceptable Conditions of Work
Minimum wages are not set by law but rather by collective bargaining
agreements. These specify minimum standards to which individual
employment contracts must conform. When an employer and a union fail to
reach agreement, courts may step in to determine fair wages on the basis
of practice in comparable activities or agreements.
The law provides a maximum workweek of 48 hours, with no more than 6
days worked per week and 8 hours per day, except that the latter can be
exceeded in some specified kinds of jobs. Most collective agreements
provide for a 36- to 38-hour workweek. Overtime may not exceed 2 hours
a day or an average of 12 hours per week.
The law sets basic health and safety standards and guidelines for
compensation for on-the-job injuries. European Union directives on
health and safety have also been incorporated into domestic law; some
have already taken effect, and others will enter into force in 1996.
Labor inspectors are from local health units or from the Ministry of
Labor. However, they are few, given the scope of their
responsibilities. Courts impose fines and sometimes prison terms for
violation of health and safety laws.
(###)
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