In a letter addressed to the President of the Senate of Italy and published on 20 December, Commissioner for Human Rights Michael O'Flaherty asks members of the Senate to refrain from adopting Bill 1236 on public security, unless it is substantially amended to ensure that it complies with Council of Europe human rights standards.
The Commissioner recalls that the rights to freedom of expression and of peaceful assembly, enshrined in the European Convention on Human Rights, are a cornerstone of democratic society. Member states have a certain margin of appreciation for sanctioning intentional disruptions in the context of public assemblies, however their discretion is not unlimited, as underlined by the case-law of the European Court of Human Rights.
If adopted, Bill 1236 would introduce offences that are defined in vague terms, criminalising, among others, acts such as traffic disruption with one's own body and protests resorting to passive resistance in prisons and detention centres. The Commissioner expresses concern at the potential impact of the bill, creating room for the arbitrary and disproportionate application of relevant penalties and restrictions, which would not be consistent with the above-mentioned standards.
Read the letter addressed to the President of the Senate of Italy
Read the reply of the President of the Senate of Italy to the letter of the Commissioner
