Category Archives: Cooperation in Criminal Matters

The Government’s Position Vis-à-vis Egypt on the Killing of the Italian National Giulio Regeni

At the beginning of 2016, the Italian national Giulio Regeni was murdered in Cairo in unclear circumstances. This soon became a major issue in the foreign policy of Italy and a cause of tension in its relations with Egypt. The event is here illustrated through the accounts given by the members of the Italian Government themselves, on the occasion of official reports to the Parliament. At the same time, some important political and legal aspects are also briefly addressed.

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A Speech of the Italian Prime Minister, Mr Matteo Renzi, on the Death Penalty

UN MEETING “MOVING AWAY FROM THE DEATH PENALTY: NATIONAL LEADERSHIP”, NEW YORK, 25 SEPTEMBER 2014.

On 25 September 2014, at a High-level event of the 69th Session of the UN General Assembly organized by the Office of the UN High Commissioner for Human Rights together with Italy and other three States, the Italian Prime Minister, Mr Matteo Renzi, delivered a speech on the death penalty and on the need to support a moratorium to stop it and eventually to abolish it. After mentioning Italy’s leading role in the abolitionist campaign (with the Grand Duke of Tuscany, Leopold II, having renounced to capital punishment already in 1786), he said that Italians

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A Statement by the Undersecretary of State for Defence on the Application of the Hamburg Convention on Maritime Search And Rescue (SAR)

CHAMBER OF DEPUTIES, XVII LEGISLATURE, 149th MEETING, 10 JANUARY 2014.

On 10 January 2014, the Undersecretary of State for Defence, Mr. Gioacchino Alfano, reported before the Chamber of Deputies on the sinking of a fishing vessel that took place on 11 October 2013, 113 km away from Lampedusa and 218 from Malta. The sinking caused the death of hundreds of Syrian refugees, including many children. A member of the Parliament called into question the proper management of the rescue operations, namely as to the lack of coordination between the Italian and Maltese authorities, that resulted in a late intervention. He also contested the effectiveness of the rules provided for by the Hamburg Convention on Maritime Search and Rescue (SAR) in so far as they allow a SAR area to be put under the jurisdiction of an authority which is not necessarily the best placed to intervene, as in the case at issue, where the competent authority was the Maltese one. In response to the parliamentary question, Mr. Alfano said:

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The Debate in the Sixth Committee on the Obligation to Extradite or Prosecute (Aut Dedere Aut Judicare)

UN GENERAL ASSEMBLY, SIXTH COMMITTEE (LXVIII Session), DEBATE ON THE REPORT OF THE INTERNATIONAL LAW COMMISSION ON THE WORK OF ITS SIXTY-FIFTH SESSION (UN Doc. A/68/10), 4 NOVEMBER 2013.

On 4 November 2013, during the debate in the Sixth Committee of the UN General Assembly on the Report of the International Law Commission, the Italian delegate, Mr Mauro Politi, submitted the comments of his delegation on the work conducted by the ILC on the “Obligation to Extradite or Prosecute (aut dedere aut judicare)”. He stated:

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The Debate in the Sixth Committee on the Scope and Application of Universal Jurisdiction

UN GENERAL ASSEMBLY, SIXTH COMMITTEE (LXVIII Session, XIV Meeting), THE SCOPE AND APPLICATION OF UNIVERSAL JURISDICTION, 18 October 2013.

On 18 October 2013, during the debate in the Sixth Committee of the UN General Assembly on the Scope and Application of Universal Jurisdiction, the Legal Adviser of the Permanent Mission of Italy, Mr Salvatore Zappalà, submitted the comments of his delegation supporting a more thorough analysis of the topic by the Committee, and also the possible involvement of the International Law Commission. After expressing satisfaction for the unanimous recognition of the principle of universal jurisdiction as a fundamental tool in ensuring that perpetrators of heinous crimes are brought to justice, he stated that:

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A Statement by the Minister for Home Affairs on the Management of Migratory Flows to Italy and the Amendment of the Dublin Regulation

CHAMBER OF DEPUTIES, XVII LEGISLATURE, 36th MEETING, 19 JUNE 2013.

On 19 June 2013, the Minister for Home Affairs Angelino Alfano reported at the Chamber of Deputies on recent landings of migrants on Lampedusa and other Italian coastal areas. He pointed out that the issue of managing migratory flows to Italy cannot be considered a merely national issue and asked for the cooperation of the European Union and bodies of the United Nations. He said:

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The Position of the Ministry of Justice on the Prohibition of Extradition of Terrorist Suspects

CHAMBER OF DEPUTIES, XVII LEGISLATURE, 17th MEETING, 16 MAY 2013 – QUESTION TIME.

On 16 May 2013, the Undersecretary of State for Justice, Mr. Cosimo Maria Ferri, outlined before the Chamber of Deputies the reasons leading to the Decreto Ministeriale of 24 April 2013, which granted the extradition of a Spanish terrorist suspect to Spain. In such country, special detention conditions, which have been the object of ECHR judgments and criticisms by human rights NGOs, apply for terrorist suspects. The extradition had been previously approved by both the Court of Appeal of Rome and the Supreme Court of Cassation. In his statement, Mr. Ferri referred to the decision of the Court of Cassation as follows:

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