Section 1. Respect for the Integrity of the Person, Including Freedom from:
There were no reports that the government or its agents committed arbitrary or unlawful killings.
There were no reports of politically motivated disappearances by or on behalf of government authorities.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
The constitution and law prohibit such practices, and there were no reports that government officials employed them.
Prison and Detention Center Conditions
Prison and detention center conditions mostly met international standards, but some prisons were severely overcrowded and antiquated.
Physical Conditions: Overcrowding was severe in some prisons: prisons in Como, Brescia, and Larino (Campobasso province) were at 200 percent of capacity. The law requires the separation of pretrial detainees from convicted prisoners, but authorities sometimes held both in the same sections of prisons, according to the nongovernmental organization (NGO) Associazione Antigone.
According to a report in July by Associazione Antigone, inmates in some prisons suffered from insufficient outdoor activity, and a scarcity of training and work opportunities. In extreme cases these constraints contributed to episodes of self-inflicted violence.
On October 25, the European Court of Human Rights (ECHR) condemned the government for degrading and inhuman treatment against mafia leader Bernardo Provenzano, aged 83, for not having lifted special limitations in 2016. He died in prison the same year, four months after requesting home detention.
Administration: Authorities conducted proper investigations of credible allegations of mistreatment.
Independent Monitoring: The government permitted independent human rights organizations, parliamentarians, and the media to visit prisons and detention centers. The government also provided representatives of the Office of the UN High Commissioner for Refugees (UNHCR) and NGOs access to detention centers for migrants and refugees in accordance with UNHCR’s standard procedures.
Improvements: On August 2, the government adopted three decrees reforming the detention system to improve the quality of health services, personalize services for inmates, and facilitate relations with prisoners’ families.
d. Arbitrary Arrest or Detention
The constitution prohibits arbitrary arrest and detention, and provides for the right of any person to challenge the lawfulness of his/her arrest or detention in court, and the government generally observed these requirements.
ROLE OF THE POLICE AND SECURITY APPARATUS
The National Police and the Carabinieri national military police maintain internal security. Although it is also one of the five branches of the armed forces, the Carabinieri carry out certain civilian law enforcement duties. The Ministry of the Interior coordinates between the National Police and nonmilitary units of the Carabinieri. The army is responsible for external security but also has specific domestic security responsibilities, such as guarding public buildings. The two other police forces are the Prison Police, which operates the prison system, and the Financial Police, the customs agency under the Ministry of Economy and Finance.
Civilian authorities maintained effective control over the National Police and the Carabinieri, and the government has effective mechanisms to investigate and punish abuse. There were no reports of impunity involving the security forces during the year, although long delays by prosecutors and other authorities in completing some investigations reduced the effectiveness of mechanisms to investigate and punish police abuses.
ARREST PROCEDURES AND TREATMENT OF DETAINEES
To detain an individual, police must have a warrant issued by a public prosecutor, unless a criminal act is in progress or there is a specific and immediate danger to which police officers must respond. The law requires authorities to inform a detainee of the reason for arrest. If authorities detain a person without a warrant, an examining prosecutor must decide within 24 hours of detention whether there is enough evidence to request the validation of the arrest. The investigating judge then has 48 hours to confirm the arrest and recommend whether to prosecute. In cases of alleged terrorist activity, authorities may hold suspects up to 48 hours before bringing the case to a magistrate. These rights were generally respected.
There is no provision for bail, but judges may grant provisional liberty to detainees awaiting trial. The government provides a lawyer at government expense to indigent persons. The law requires authorities to allow a detainee to see an attorney within 24 hours, or within 48 hours in cases of suspected terrorist activities. In exceptional circumstances, usually in cases of organized crime or when there is a risk that attorneys may attempt to tamper with evidence, the investigating judge may take up to five days to interrogate the accused before allowing access to an attorney. The law permits family members access to detainees.
Detained foreign nationals did not systematically receive information on their rights in a language they understood. According to Associazione Antigone’s 2018 report, in 2017 almost one-fourth of arrested foreigners did not consult with a lawyer before being interrogated by authorities because interpreters were unavailable. The confidentiality of medical examinations of detainees was not guaranteed.
Pretrial Detention: Lengthy pretrial detention and trial delays were problems. Authorities adhered to the maximum term of pretrial detention, which is two to six years, depending on the severity of the alleged crime. According to the latest available data provided by the Ministry of Justice, as of October 31, approximately 17 percent of all detainees were in pretrial detention, but in no cases equaled or exceeded the maximum sentences for the alleged crime. According to independent analysts and magistrates, delays resulted from the large number of drug and immigration cases awaiting trial, the lack of judicial remedies, and the presence of more foreign detainees. In some cases these detainees could not be placed under house arrest because they had no legal residence, and there were insufficient officers and resources, including shortages of judges and staff.
The constitution provides for an independent judiciary, and the government generally respected judicial independence and impartiality. There were isolated reports that judicial corruption and politically motivated investigations by magistrates impeded justice. A significant number of court cases involved long trial delays.
The constitution provides for the right to a fair and public trial, and an independent judiciary generally enforced this right. Defendants have the right to the presumption of innocence and to be informed promptly and in detail of the charges against them. Trials are fair and public, but they can be delayed. Defendants have the right to be present at their trials.
The law provides for defendants to have access to an attorney of their choice in a timely manner, or have one provided at public expense if they are unable to pay. Defendants had adequate time to discuss and prepare cases with their lawyers in appropriate facilities available in all prisons as well as access to interpretation or translation services as needed. All defendants have the right to confront and question witnesses against them and to present witnesses and evidence on their own behalf. Defendants may not be forced to testify or confess guilt, and they have a right to appeal verdicts.
Domestic and European institutions continued to criticize the slow pace of the judicial process. On January 23, the Ministry of Justice reported that in 2017 the first trial of civil cases lasted an average of 360 days. The country’s “prescription laws” (statutes of limitations) in criminal proceedings require that a trial must end by a certain date. Courts determine when the statute of limitations should apply. To avoid a guilty sentence at trial or gain release pending an appeal, defendants often took advantage of delays in proceedings in order to exceed the statute of limitations.
POLITICAL PRISONERS AND DETAINEES
There were no reports of political prisoners or detainees.
CIVIL JUDICIAL PROCEDURES AND REMEDIES
By law, individuals and organizations may seek civil remedies for human rights violations through domestic courts. Individuals may bring a case of alleged human rights violations by the government to the ECHR once they exhaust all avenues for a remedy in the country’s court system. According to the Ministry of Justice, in 2017 the average length of civil judicial proceedings, including appeals, was 935 days. In the case of appeals to the Court of Cassation (Supreme Court), they lasted approximately eight years on average.
Holocaust-era restitution is no longer a concern. The government has laws and mechanisms in place and has endorsed the Terezin Declaration of 2009. The 2001 Anselmi report commissioned by the government found that private property confiscated before and during the Holocaust era had generally been returned and that significant progress had been made in dealing with restitution of communal and heirless property. The Union of Jewish communities reported no outstanding Holocaust-era claims, including for foreign citizens, and characterized the government as cooperative and responsive to community concerns in the area of protection and restoration of communal property. The Rome Jewish Community continued to seek international assistance in tracing the contents of the Jewish communal library of Rome, which the Nazis looted in 1943.
The law prohibits such actions, but there were some reports that the government failed to respect these prohibitions. The Supreme Court’s lead prosecutor may authorize wiretaps of terrorism suspects at the request of the prime minister. According to independent observers, such as former Carabinieri police officer Angelo Jannone, who has written on the subject, prosecutors did not always limit the use of wiretaps to cases of absolute necessity as the Supreme Court required. The law allows magistrates to destroy illegal wiretaps that police discover or to seize transcripts of recordings that are irrelevant to the judicial case.
Section 2. Respect for Civil Liberties, Including:
The constitution provides for freedom of expression, including for the press, and the government generally respected this right. An independent press, an effective judiciary, and a functioning democratic political system combined to provide for freedom of expression, including for the press.
Freedom of Expression: Speech inciting violence based on racial, ethnic, national, or religious discrimination is a crime punishable by up to 18 months in prison. Holocaust denial is an aggravating circumstance in judicial proceedings against such speech. No convictions were reported during the year.
The law considers insults against any divinity to be blasphemy, a crime punishable by a fine ranging from 51 to 309 euros ($59 to $355). There were no reports regarding enforcement of this law during the year.
Press and Media Freedom: The independent media were active and expressed a wide variety of views without restriction.
Violence and Harassment: The NGO Reporters without Borders (RSF) characterized the level of violence against reporters as “alarming,” particularly in Campania, Calabria, and Sicily (including verbal and physical intimidation and threats). On April 10, police arrested three persons suspected of planning a violent attack against a journalist, Paolo Borrometi for publishing articles and photos on his brother, who had been convicted for mafia-related crimes in Syracuse.
The RSF reported that journalists felt pressured by politicians and organized crime and increasingly opted to censor themselves. Because of threats from organized crime, in 2017, 10 journalists received around-the-clock police protection, while 200 others received occasional protection in 2017, according to the 2018 RSF report. Although authorities generally did not participate in or condone violence or harassment of journalists, the RSF condemned Deputy Prime Minister and Interior Minister Matteo Salvini’s threat in June on social media to remove police protection from celebrated journalist Roberto Saviano, who has received death threats for his coverage of organized crime. Saviano criticized Salvini’s efforts to reduce migration flows and engaged in a lengthy public debate with the minister. Salvini did not act on his threat.
On September 12, according to the National Federation of the Italian Press, the European Federation of Journalists, and the International Federation of Journalists, Deputy Prime Minister Luigi Di Maio, head of the populist Five Star Movement, threatened to cut government advertising to newspapers that “were polluting the public debate.”
On September 13, on the orders of prosecutors in the Sicilian city of Catania as part of an investigation into a suspected leak violating the confidentiality of a judicial investigation, police searched the home and examined the contents of the mobile phone and computer of investigative reporter Salvo Palazzolo. Palazzolo, who specialized in covering the Sicilian mafia and other criminal networks for the Rome-based newspaper La Repubblica, revealed, in an article in March, law enforcement information about the investigation into the 1992 “Via d’Amelio bombing” in the Sicilian city of Palermo.
Libel/Slander Laws: Journalists face prison sentences of up to six years if convicted of libel. Public officials continued to bring cases against journalists under libel laws. For example, on June 20, Minister Salvini sued Saviano for defamation after Saviano called Salvini “a buffoon” and “minister of the underworld” on Twitter.
Nongovernmental Impact: The RSF noted that many journalists, especially in Rome and the south of the country, claimed they were subjected to pressure from mafia groups and local criminal gangs, and the National Federation of the Italian Press reported some instances of threats against journalists by members of criminal organizations. Marilu Mastrogiovanni, a Puglia-based investigative reporter and editor of Il Tacco d’Italia, a regional news website, has been under police protection for years.
The government did not restrict or disrupt access to the internet or censor online content, and there were no credible reports that the government monitored private online communications without appropriate legal authority. The National Center for the Fight against Child Pornography, a special unit of the postal and communications division of the National Police, monitored websites for crimes involving child pornography. According to International Telecommunication Union statistics, 61 percent of the population used the internet in 2017.
ACADEMIC FREEDOM AND CULTURAL EVENTS
There were no government restrictions on academic freedom or cultural events.
The constitution provides for the freedoms of assembly and association, and the government generally respected these rights.
See the Department of State’s International Religious Freedom Report at www.state.gov/religiousfreedomreport/.
d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons
The constitution provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights.
The government cooperated with UNHCR and other humanitarian organizations in providing protection and assistance to refugees, asylum seekers, stateless persons, or other persons of concern. The continued unpredictability of migrant flows and uncertainty over whether other EU member states would take a share of migrant arrivals taxed the ability of authorities to protect migrants and asylum seekers brought to the country by rescue vessels.
Abuse of Migrants, Refugees, and Stateless Persons: Mixed populations of refugees and migrants often remained in reception centers longer than the 35-day limit set by law. Representatives of international humanitarian organizations accused the government of endangering migrants by encouraging Libyan authorities to rescue migrants at sea and return them to reception centers in Libya where aid groups and international organizations deemed living conditions inhuman.
Media reported some cases of violence against refugees. On February 3, a right-wing militant, Luca Traini, drove through the city of Macerata shooting at and wounding six migrants. Traini was arrested and charged with attempted murder.
The International Organization for Migration (IOM), UNHCR, and NGOs reported instances of labor exploitation of asylum seekers, especially in agriculture and the service sector (see section 7.b.), and sexual exploitation of unaccompanied minors (see section 6, Children).
Corruption and organized crime diverted some resources away from asylum seekers and refugees. On June 26, police arrested six managers of an association responsible for the management of some migration centers in the province of Latina, on charges of fraud and mistreatment of asylum seekers.
PROTECTION OF REFUGEES
Refoulement: Some NGOs, including Amnesty International, accused the government of encouraging refoulement by pressuring NGOs to limit rescues of migrants in the Mediterranean Sea and encouraging the Libyan coast guard to take rescued migrants back to Libya, which UNHCR did not consider a “safe port” and which has not signed the applicable UN refugee conventions. UNHCR did not indicate that this constitutes a case of refoulement, but stated that it was looking into the legality of the country’s actions.
Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees. NGOs and independent observers identified difficulties in asylum procedures, including inconsistency of standards applied in reception centers and insufficient rates of referral of trafficking victims and unaccompanied minors to adequate services. Interior Minister Salvini announced his intent to increase the number of asylum adjudicators but also issued a circular urging them to be more restrictive in granting humanitarian protection, claiming that many economic migrants were being erroneously granted legal status.
Regional adjudication committees took up to nine months to process asylum claims, depending on the region. When legal appeals were taken into account, the process could last up to two years. Interior Minister Salvini pledged to cut funding for migrant reception, protection, and integration, and devote more resources to expulsion of illegal migrants. He contended that the existing migrant reception system did little to integrate migrants and was a source of corruption.
Large numbers of migrants and refugees who arrived in the country since 2014, mostly across the central Mediterranean Sea from Libya, strained the asylum system. Between January and August, the government received approximately 38,000 asylum requests. Between January and September authorities granted asylum or other forms of legal protection to 23,700 persons.
Between January 1 and November 5, a total of 3,368 unaccompanied minors arrived in the country (see section 6, Children and section 7.c.).
Safe Country of Origin/Transit: The country is party to the EU’s Dublin III Regulation and its subsequent revisions, whereby members generally transferred asylum applications to the first EU member country in which the applicant arrived or returned applicants to safe countries of origin.
Freedom of Movement: The law permits authorities to detain migrants and asylum seekers in centers for identification and expulsion for up to 90 days if authorities decide they pose a threat to public order or may try to flee an expulsion order or pre-expulsion jail sentence. Government efforts to reduce the flow of migrants crossing the Mediterranean Sea to the country on smuggler vessels were accompanied by restrictions in freedom of movement for up to 72 hours once rescued migrants arrived in reception centers. As of December 2017, 417 foreigners were held in five centers. The Council of Europe’s Committee on the Prevention of Torture (CPT) noted “several categories of foreign nationals may be prevented from leaving the “hotspots” [temporary centers], without a clear legal basis.”
Employment: Asylum seekers may work legally two months after submitting an asylum request. According to labor unions, including the Federation of Agroindustrial Workers, an affiliate of the Italian General Labor Confederation (CGIL), employers continued to discriminate against noncitizens in the labor market, taking advantage of insufficient enforcement of legal protection for noncitizens against exploitation. In addition, high unemployment in the country limited the possibility of legal employment for large numbers of refugees.
Access to Basic Services: Authorities set up temporary centers to house mixed-migrant populations, including refugees and asylum seekers, but could not keep pace with the high rate of arrivals and the increased number of asylum claims. On July 31, there were 160,458 persons housed in sites throughout the country. Some were housed in centers run directly by local authorities, generally considered of high quality, while the rest were in centers whose quality varied greatly and included many repurposed facilities, such as old schools, military barracks, and apartments in residential buildings. On April 10, the CPT reported that all the temporary centers it visited in June 2017 “regularly exceeded the official capacity” with concomitant degradation of living conditions. It found living conditions at the Caltanissetta Closed Removal Center overcrowded and the facilities in poor state of repair and under furnished. The sanitation facilities were in need of extensive repair. The CPT also reported services provided to migrants in the Lampedusa transit center were inadequate, and that insufficient places were made available in shelters for unaccompanied minors, resulting in prolonged stays at temporary transit centers. Representatives of UNHCR, the IOM, and other humanitarian organizations and NGOs reported thousands of legal and irregular foreigners, including migrants and refugees, living in abandoned buildings and in inadequate and overcrowded facilities in Rome and other major cities, and having limited access to health care, legal counseling, basic education, and other public services.
In some cases, refugees and asylum seekers who worked in the informal economy were not able to rent apartments, especially in large cities. They often squatted in buildings where they lived in substandard conditions with their children. On March 21, police forcibly evicted 100 migrants and refugees who had squatted in a building in the outskirts of Rome. NGOs and advocacy groups alleged that the Rome municipal government failed to provide alternative public housing for those evicted migrants who qualified for it, including refugees with legal status.
On August 10, 34 asylum seekers in Toscolano Maderno protested the lack of medical assistance, language classes, and vocational training in the migration center where they lived.
Durable Solutions: The government made limited attempts to integrate refugees into the country’s society with mixed results. The government distributed asylum seekers throughout the country and provided shelter and services while their requests were processed as well as some resettlement services after granting asylum. In cooperation with the IOM, the government assisted migrants and refugees who opted to return to their home countries.
Temporary Protection: The government also provided protection to individuals who may not qualify as refugees. Between January and September, the government provided humanitarian protection to 16,761 persons and subsidiary protection to 2,614 persons.