42
GIULIANI AND GAGGIO v. ITALY JUDGMENT
conclusions and recommendations. The relevant parts of the CAT report
read as follows:
“Training
15. The Committee takes note with appreciation of the detailed information
provided by the State party on training for its law enforcement officials, penitentiary
staff, border guards and armed forces. However, the Committee regrets the lack of
information on training on the employment of non-violent means, crowd control and
the use of force and firearms. In addition, the Committee regrets that there is no
available information on the impact of the training conducted for law enforcement
officials and border guards, and how effective the training programmes have been in
reducing incidents of torture and ill-treatment. (art. 10)
The State party should further develop and implement educational programmes to
ensure that:
a) All law enforcement officials, border guards and personnel working in the CPTs
and CPTAs are fully aware of the provisions of the Convention, that breaches will not
be tolerated and will be investigated, and that offenders will be prosecuted; and
b) All law enforcement officers are adequately equipped and trained to employ
non-violent means and only resort to the use of force and firearms when strictly
necessary and proportionate. In this respect, the Italian authorities should conduct a
thorough review of current policing practices, including the training and deployment
of law enforcement officials in crowd control and the regulations on the use of force
and firearms by law enforcement officials.
Furthermore, the Committee recommends that all relevant personnel receive specific
training on how to identify signs of torture and ill-treatment and that the Istanbul
Protocol of 1999 (Manual on the Effective Investigation and Documentation of
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment) become an
integral part of the training provided to physicians.
In addition, the State party should develop and implement a methodology to assess
the effectiveness and impact of its training/educational programmes on the reduction
of cases of torture and ill-treatment.
...
Ill-treatment and excessive use of force
17. The Committee notes with concern continued allegations of excessive use of
force and ill-treatment by law enforcement officials. In this respect, the Committee is
particularly concerned at reports emerging of alleged excessive use of force and
ill-treatment by law enforcement officials during the demonstrations in Naples (March
2001) in the context of the Third Global Forum, the G8 Summit in Genoa (July 2001)
and in Val di Susa (December 2005). The Committee is also concerned that such
incidents have reportedly occurred during football matches but it notes the recent
adoption of Act no. 41/2007, entitled 'Urgent measures on the prevention and the
repression of violence cases occurring during football matches'. (arts. 12, 13 and 16)
The Committee recommends that the State party should take effective measures to: