Human Rights Committee, A.S. and others v. Italy and Malta, communication n. 3043/2017, Decision (Malta, CCPR/C/130/D/3042/2017) and Views (Italy, CCPR/C/128/D/3043/2017) of 27 January 2021
The Report of The European Union Agency (FRA)
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 Trends in the Italian Constitutional Jurisprudence, in the Report by President Cartabia
The European Union Agency for Fundamental Rights (FRA) about the impact of coronavirus on human rights
The paper starts with a summary of the recent decision of the Bundesverfassungsgericht of 26 February by which it declared the constitutional illegitimacy of the criminal offence of 'commercial aiding and abetting of suicide' as provided for in paragraph 217 StGB. This is followed by a synoptic analysis of the key points of that judgment and the also recent 'double decision' on the same subject by the Italian Constitutional Court. Rather than explor- ing, on the merits, the reasonableness of the differing positions, the aim is to reflect, on the method, on the different "philosophies" of judicial review of the various constitutional judges and the importance of these rulings for the theory of the constitutional limits to the criminalization decisions.
Despite the growing international concern about State terrorism, there is a lack of consensus regarding its significance and under which assumptions international crimes are set, understanding that human rights are seriously violated. This work offers a perspective from State sponsored terrorism and the actions of parastatal agents and organizations, both in the international law as well as in the domestic one (namely, Chilean Law).
The paper focuses on the “horizontal expansion” and “vertical extension” of criminal law – in the last decades – by means of harsher punishment and ad hoc criminal provisions. The matters related to ‘punitivism’ from a legal standpoint must be distinguished from the real social effects (impact of the actual punitive power, as enforced) and from the functional relationship with the government. The final section takes into account the limits imposed on States by the international law of human rights in light of the said dynamics, outlining the serious regression progress both at global and regional level