Italy / State Prosecutor of Turin/Directive of 9 July 2018

Country

Italy

Title

Italy / State Prosecutor of Turin/Directive of 9 July 2018

View full Case

Year

2018

Decision/ruling/judgment date

Monday, July 09, 2018

Incident(s) concerned/related

Discrimination

Related Bias motivation

Race/Ethnicity
Religion

Groups affected

Third country nationals

Court/Body type

Court/Body

Public Prosecutor of Turin (Procuratore della Repubblica di Torino)

Key facts of the case

The public prosecutor of Turin adopted a Court Directive to provide guidelines for the correct application of the anti-discrimination legislation and to achieve a more efficient contrast to hate crimes. The directive is destined to law enforcement agencies.

Main reasoning/argumentation

the reasons mentioned by the Prosecutor to issue the Directive concern the alarming increase of hate crime incidents and discrimination cases based on ethnic and religious grounds occurring in the territory under the competence of the Public Prosecutor of Turin. According to the Directive, the reasons explaining this increase are connected to the climate of intolerance and reluctance to the acceptance of migration inflows that has been spreading in Italy in recent years. Considering this situation, the Public Prosecutor decided to issue this Directive - destined to the Operational Team No. 9 in charge of "Terrorism and subversion of democratic order" - in order to ensure the correct and prompt application of the Law No. 205 of 25 June 1993 on "Urgent measures concerning racial, ethnic and religious discriminations". CAIM - as civil party in the proceeding - had asked a compensation of EUR 350,000

Is the case related to the application of the Framework Decision on Racism and Xenophobia, the Racial Equality Directive?

Key issues (concepts, interpretations) clarified by the case

The Directive is to be deemed of the utmost relevance since it contributes in restoring the crucial importance of the protection of the rights of victims of discriminations in an historical period of increasing intolerance and hatred towards people of different religious and ethnic backgrounds.

Results (sanctions, outcome) and key consequences or implications of the case

With this Directive, the Operational Group No. 9 is compelled to: treat any case of racial, ethnic and religious discrimination with the utmost priority; to promptly conduct and accomplish the necessary investigation concerning each case that is reported to the competent law enforcement agencies; to avoid dismissing the cases, unless their minor gravity is solidly proved; to ensure that all law enforcement departments are trained to provide the complainants/victims of discriminations with accurate and complete information concerning their rights and the functioning of the procedures.

Key quotation in original language and its unofficial translation into English with reference details

“Negli ultimi mesi […] si è registrato nel territorio di questo circondario un sensibile aumento dei reati motivati da ragioni di discriminazione e di odio etnico-religioso (aggressioni, minacce, ingiurie, affissione di volgari ed intollerabili manifesti, scritte dello stesso contenuto vergate su immobili pubblici etc.) […] le ragioni di questa criticabile tendenza possono individuarsi in un clima socio-politico nazionale ed internazionale non sempre propenso a valorizzare diritti e doveri connessi al principio dell’accoglienza”

“In recent months […] a relevant increase was registered in this territory of offences connected to ethnic and religious discrimination and hatred (attacks, threats, offences, displaying of vulgar and unacceptable posters, the same contents written on the walls of public buildings etc.) […] the reasons of this disappointing trend are to be re-traced in the social and political, national and international climate that is reluctant to foster the rights and obligations connected to the principle of hospitality”

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