Dear bpg97,
Before I begin to answer, I would like to refer you to the disclaimer
on the bottom of this page: ?Answers and comments provided on Google
Answers are general information, and are not intended to substitute
for informed professional medical, psychiatric, psychological, tax,
legal, investment, accounting, or other professional advice?. In other
words, if you feel that you need advice from an advocate, get one.
Your question has less to do with ?guidelines? or regulations
referring to the Carabinieri, and more to the general constitutional
law in Italy (to which, naturally, the Carabinieri are subjected), and
to the EU human rights laws (to which, again, the Carabinieri ? as
part of the whole Italian system, as a signatory ? are subjected). All
of these prohibit violence against suspects.
The short answer is that Carabinieri are not allowed to beat up a
suspect. Article 64 of the Italian Code of Criminal Procedure (Codice
di procedura penale ) ?provides that, during the interrogation, the
person under investigation, whether detained or under provisional
arrest, should not be subjected to any kind of physical constraint. No
means whatsoever may be used which affect the person's freedom of
self-determination or the person's ability to remember or assess
facts.? (SOURCE: ?Committee Against Torture, Consideration of reports
submitted by States Parties under article 19 of the Convention, The
Italy (1994).?, University of Minnesota, Human Rights Library, <
http://wwwserver.law.wits.ac.za/humanrts/cat/italy1994.html>).
However, unfortunately, as it happens with other law enforcement
forces around the world, the Carabinieri, too, were involved in
incidents, whereas suspects were subjected to maltreatment and
violence.
For example, protestors against the G8 summit in Genoa have reported
violence on behalf of the Carabinieri and the ?regular? police:
Julie Hyland, ? Growing international condemnation of police violence
in Genoa?, World Socialist Website, 15 August 2001
http://www.wsws.org/articles/2001/aug2001/gen-a15.shtml
Steven Morris and Rory Carroll, ?'I thought my God, this is it, I'm
going to die'? The Guardian, July 27, 2001, Guardian Unlimited,
http://www.guardian.co.uk/international/story/0,3604,528181,00.html
The same applies for other occasions:
Amnesty International, ?Human rights violations by law enforcement
officers during and following Naples Third Global Forum on
e-government in March 2001 (Update to AI Index: EUR 01/003/2001)
http://web.amnesty.org/library/index/ENGEUR010072002
And in general, you can read a report on the problems of police
violence in Italy (incl. violence by Carabinieri) at:
Amnesty International, ?Italy - A briefing for the UN Committee
against Torture?, 1999,
<http://web.amnesty.org/library/Index/ENGEUR300021999?open&of=ENG-SOM>
I hope this answers your question. Please contact me if you need any
clarification on this answer before you rate it. |
