Obblighi internazionali in materia di tortura e ordinamento italiano

Abstract

The introduction of a distinct offence of torture in the Italian legal order will be the most effec-tive way of implementing Article 4 of the 1984 UN Convention against Torture. Those States parties which have introduced a separately specific offence of torture have nonetheless frequently adopted defini-tions which are not entirely adequate in the light of the scope of the Convention. Problematic areas in-clude “mental” torture, the role of state agents in the practice of torture and exceptions which are differ-ent from those “lawful sanctions” exception provided for in the Convention itself. The Italian case is a good illustration of the kind of obstacles which frequently arise when States are invited to introduce an ad hoc offence of torture.