Introducing the Offense of Torture into the Italian Criminal Code

Law 110 of 14 July 2017 introduced the crime of torture, as the title suggests, "into the Italian legal order." Such wording is partly misleading, because torture has always been punishable in Italy, as a result of Article 13, paragraph 4 of the Constitution ("Any act of physical and moral violence against a person subjected to restriction of personal liberty shall be punished.") and Article 2, which protects all inviolable rights of individuals. Until now, however, Italian criminal legislation did not envisage a special offense of torture, even though Article 4 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) and other treaties ratified by Italy require states parties to criminalise torture, including appropriate penalties, in their domestic legal order. The introduction of the new Article 613 bis of the Italian Criminal Code by Law 110 has filled a serious gap in Italian criminal legislation. Unfortunately, however, the definition of the crime of torture under the new provisions coincides only in part with that of the CAT, while the whole text of Article 613 bis is inadequate to completely put an end to Italy's non-compliance with its international obligations on the matter.