Obblighi internazionali in materia di tortura e ordinamento italiano

The introduction of a distinct offence of torture in the Italian legal order will be the most effective 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 definitions which are not entirely adequate in the light of the scope of the Convention. Problematic areas include "mental" torture, the role of state agents in the practice of torture and exceptions which are different 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.