Category Archives: Council of Europe

The Arrest and Detention of Ilaria Salis in Hungary

On 13 February 2023, the Italian Embassy in Hungary was informed that Ilaria Salis, an Italian national, had been arrested in Budapest two days earlier. She had been taken into custody on charges of armed group violence for assaulting far-right activists during a demonstration. She was accused of being part of organised groups that allegedly planned to attack people present at the demonstration. The Embassy was informed that Ms. Salis was being held in a Budapest prison and that the prosecution was seeking a prison sentence of 11 years.

In 2024, while expressing concern for non-compliance with fair trial and minimum standards on detention, Italy initially only stressed the need to respect Hungary’s sovereignty and the impartiality of its judiciary.[1] On 29 January 2024, the Minister of Justice, Mr. Carlo Nordio, emphasised that “the Hungarian judiciary is sovereign” and that Italy could only take action through diplomatic channels to improve the conditions of detention.[2] Further statements by both Mr. Nordio and the Minister of Foreign Affairs and International Cooperation, Mr. Antonio Tajani, underlined that the principle of judicial sovereignty of a State would prevent interference in the conduct of the trial and Ms. Salis’s detention status.[3]

Continue reading

The Legality of Arms Transfers to Israel after 7 October: The Relationship Between the International Legal Framework on Arms Trade and Law No. 185 of 1990

Continue reading

The Response to the Houthis’ Attacks in the Red Sea: Bathing in Ambiguity

Continue reading

Of Castaways and Pirates: Migrants’ Rights from Departure to Arrival

Continue reading

International Standards on Criminal Punishment: Italy’s Position Between Progressive Tendencies and Lack of Legal Clarity

Continue reading

On the Right of Defense before the Roman Rota

On 10 March 2017, during a meeting of the Camera dei Deputati (Chamber of Deputies, 757th Meeting, XVII Legislature), Mr. Renato Brunetta, a member of the Italian Parliament, posed an interpellation to the Sottosegretario di Stato per la Giustizia (Undersecretary of State for Justice), Mr. Gennaro Migliore, regarding the right of defense before the Roman Rota[1] in trials aimed at obtaining a declaration of nullity of marriage. In particular, Mr. Brunetta drew the Government’s attention to the fact that the Decano del Tribunale della Rota Romana (Dean of the Ecclesiastical Court), through a decree issued in December 2015, was preventing the parties to such trials from appointing their own defenders by claiming that prerogative for himself. The right of defense is enshrined in Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), to which the Holy See is not a party. The ECHR, however, is binding upon Italy, for which the same right is also a fundamental principle at the constitutional level.[2]

Continue reading

The Government’s Position on Russian Discriminatory Legislation on Sexual Orientation and Gender Identity

CHAMBER OF DEPUTIES, XVII LEGISLATURE, 54th MEETING, 16 JULY 2013.

On 16 July 2013, the deputy Minister of Foreign Affairs, Mr. Lapo Pistelli, explained before the Chamber of Deputies the Government’s view on the manifest violation of human rights contained in the recent Russian legislation against the LGBT community. He outlined the risks that such situations pose, the actions taken in the case and the role of EU organs and international organizations in the light of the universality of human rights.

He said:

Continue reading