Text originally published in Italian on Sistema Penale, 26th April 2020. Translated, with the authorization of Sistema Penale, by Fernando Londoño Martínez, associate professor at the Universidad Diego Portales, Santiago de Chile
The paper first briefly addresses the Chilean situation with regard to the Covid-19 pandemic and explains some of the measures that the criminal justice system has taken during this period, focusing on an analysis of the recently approved law on pardon. In this context, it reports on the interesting ruling by the Constitutional Court that rejected an injunction of unconstitutionality submitted by a group of congressmen who claimed that the mentioned law violated equality before the law, as well as life and health of a group of prisoners, all of whom had been convicted of serious crimes against humanity, a group that the pardon law expressly excludes
The first criminal trial worldwide on State-run torture in Syria started in Koblenz, Germany, on 23 April 2020. The defendants are two former high officials of the Syrian General Intelligence Service of President Bashar al-Assad and face charges for international crimes committed in the Al-Khatib prison of Damascus. The trial marks a historical achievement in international criminal justice; in fact, it is the first trial based on the principle of universal jurisdiction against Syrian State officials. Moreover, the Al-Kathib trial, together with other proceedings held in a few other European States, is currently the only way to ensure accountability for the grave crimes committed within the Syrian conflict
The Trends in the Italian Constitutional Jurisprudence, in the Report by President Cartabia
With a recent law, the Portuguese legislator, in order to deal with the coronavirus emergency within the prison system, has adopted a pardon, together with other measures aimed at reducing the number of prisoners.
The contribution, through an analysis of the structure of article 12 of the Italian Consolidated Text on Migration (criminalising the facilitation of illegal entry) and of article 601 of the Italian Criminal Code (criminalising trafficking in human beings), aims at demonstrating that the two provisions constitute vital gear in a legislative mechanism designed to contrast human mobility as a whole. More specifically, the contribution follows two parallel lines of analysis: the first one aimed at highlighting the ways the anti-smuggling law can be applied in order to enable the prosecution of humanitarian actors, while the second one points out the way in which the abuse of the same provision permits to the Italian authorities to avoid the recognition of trafficking victims, consequently resulting in the missed fulfilment of the international obligations contracted with the signature and ratification of the Palermo Protocols.
Report held at Northeastern University in Boston on 23rd January 2020
Meeting of the Council of the EU