Acceso usuarios
Giuseppe Serranò
By approving Law 14 July 2017 No. 110, Italy attempted to face the repeated criticisms made, inter alia, by the United Nations Human Rights and Against Torture Committees and by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, as well as by the European Court of Human Rights with reference to the absence, within the national legai order, of an ad hoc crime related to torture and, thus, the inadequate adaptation of internai law to international obligations, among which those under the United Nations Convention dated 10 December 1984. Apart from political evaluations, that a considerable weight had, too, during the parliamentary procedure of approval of the law, this article aims at inquiring the main issues connected with Articles 613-bis and 613-ter of the Italian Criminal Code and other provisions of Law No 110/2017, due not only to the choices of the legislator, which cannot be ever supported, but also to the impossibility of retracing in international law a unitary notion of "torture", as it is evident from the case law of international courts.
1. Premessa. - 2. Il ritardo dell'Italia nell'introduzione del reato di tortura. - 3. La nozione di «tortura» nel diritto internazionale. - 4. La legge n. 110/2017.
