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Abstract

AbstractThis paper analyzes the European Court of Human Rights’ ruling in the Cestaro v. Italy case, focusing specifically on the conviction for violation of Article 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms by Italian criminal law, whose framework does not recognize torture as a crime and does not provide instru-ments of deterrence to effectively prevent the execution and the recurrence of such acts.Currently, the Italian Parliament is discussing a draft amend-ment to the Criminal Code and aims to introduce the concept of torture as a crime; however, in the light of comments made by the European Court of Human Rights, this project questions whether the proposed solution will be able to prevent a repeat of events similar to those that occurred in 2001 after the G8 Summit in Genoa.