Crime of torture, Nordio: storm from the opposition

ROME. “The government has no intention of repealing the crime of torture. It’s obnoxious and we have every intention of keeping it.” The words of the clear and sharp Minister of Justice, Carlo Nordio, at question time in the House. The Keeper of the Seals replies to a question by leader of the Democratic Party in the Justice Commission, Federico Gianassi, which asks for an account of the real intentions of the government on the hypothesis of canceling the crime approved in 2017. Two crimes in reality, 613 bis, torture, and 613 ter, instigation to torture. Against which the police forces have always aligned themselves, especially the penitentiary ones.

Nordio leaves no room for interpretation and reiterates: «It is a heinous crime and we have every intention of maintaining it. These are only technical issues that need to be remodulated». Keeping the point firm is “both to comply with international standards and for consistency”. The Keeper of the Seals dwells on the strictly procedural part of the question: «The offence, as it is structured, has lack of specificity and typicality which must characterize the structure of the penal law”. Technical issues, he underlines, but I can assure you that the crime will remain ».

In detail, it clarifies the “technical deficiencies” found. First of all, “the subjective attitude of the crime, since the New York Convention, which we want and must comply with, limits conduct constituting torture to those characterized by specific intent, implemented to achieve the purposes of obtaining information or confessions, punish, intimidate or discriminate”. In other words, – the Keeper of the Seals clarified again – the specific intent, when a conduct is carried out in order to obtain a further result, in this case is that of obtaining a confession. Instead, our legislator, opting for a criminal figure marked by generic intent, therefore without the further intention of obtaining a specific result, has eliminated what is the distinctive trait of torture compared to other ill-treatments, making the risk concrete, feared among the other also by the representatives of the forces of order, but not only them, to see the provision applied in cases of suffering caused during lawful operations of public order and police”.

Another critical relief, added Nordio «is represented by the inappropriate fusion into a single offense of the criminal figures of torture and inhuman and degrading treatment who have always been considered on the international level as distinct figures and worthy of differentiated consideration. Now, subjecting the conduct integrating two offenses having a different offensive nature to the same rigorous disciplinary treatment appears to be an unreasonable choice and is not imposed by international constraints”.

Complex, dense theme, to be examined with care and attention. Someone fears it could become a vehicle for exploitation, and here is where the controversy is unleashed. It is a barrage from opposition lines. The first to rise up against the prospect of repealing the crime of torture is Ilaria Cucchi, Stefano’s sister, tortured to death while in protective custody, who appeals to the Head of State to prevent this “extremely serious event”. “More than one judge – he recalls – before the introduction of the crime found himself unable to proceed because the law did not exist”.

“Meloni say if you want to strike a law that defends human rights,” says la Pd group leader in the Senate Simona Malpezzi. «Fdi renounces» is the appeal of the Dem group leader in the Justice Commission Federico Gianassi. «FdI rather think about canceling the abuse of office», observes the Head of Action Justice, Enrico Costa.

“Where’s the guaranteed Nordio gone?” asks the parent company Pd Deborah Serracchiani. Who adds «not only did the minister not convince us but he also worried us, because the “technical deficiencies” he speaks of must be clarified above all to the Brothers of Italy party which presented a bill that abrogates the crime of torture , eliminating the art. 613bis, as well as 613ter, or the instigation to torture. And this to replace it with a prediction of a common aggravating circumstance ». «On the one hand – continues Serracchiani – Minister Nordio tells us that he wants to make the code of international crimes and on the other he does not say clearly that he will prevent the abrogation of torture, which is precisely an international crime. We absolutely do not question the honorability of the forces of order because that honorability is, without a shadow of a doubt, the one on which the performance of their duty is based every day. Instead, what is needed – Serracchiani underlined – is to remind us that we are in an international context where the crime of torture cannot be abrogated. We ask them to clarify what the “technical deficiencies” are and to clarify this in particular to the Brothers of Italy, because if that bill goes ahead, the crime of torture will be repealed”.

Attempting to tone it down and explaining the purpose of the text is the president of the FdI deputies Tommaso Foti who specifies that it is not so much a question of repealing the offense (even if the text states that «articles 613-bis and 613-ter of the penal code are repealed») but rather of typifying the provision «in a very clear way as it is in international conventions. And that there is a need to protect the police who must be “enabled to do their job”.

There is no Pd deputy Alessandro Zan which defines Nordio’s response to the question time on the draft law by the Brothers of Italy to eliminate the crime of torture as “worrying”. He says the government doesn’t want to repeal it, but is open to changes. Either he misrepresents the political will of his own party, or he is in bad faith ».

Foti himself replies to Zan who underlines that there are no splits in the Government on this issue. In fact, he affirms: “What Minister Nordio has declared is exactly in line with what was claimed by the Brothers of Italy, as soon as the left has assembled a case on the proposed law on the crime of torture presented by some of our deputies”.

Foti also increases the dose: « Accustomed to being a ventriloquist of the elders of the Democratic Party, Zan also wants to be one of the Brothers of Italy, but we won’t allow him to. The ancient red smoke bomb lit by Zan is nothing more than an expedient for not responding either personally or as a Pd to the request, which is reiterated here, in order to consider the practice of the rented uterus to be a crime ».

“But it is all too clear – he concludes – that the deafening silence is due to the fact that in this regard there are different and contradictory positions in the Democratic Party that not even the change of 8 secretaries, plus two regencies, in 16 years has managed to resolve”.