Security bill, Council of Europe asks for it to be stopped: La Russa’s anger

Council of Europe Human Rights Commissioner Michael O’Flaherty asks in a letter to senators “refrain” from adopting the public safety bill unless it is changed in a “substantial” way, to ensure that it complies with Council of Europe human rights standards.

What is the Council of Europe

The Council of Europe should not be confused with the EU Council and the European Council, which are two EU institutions, based in Brussels. It is the main organization for the defense of human rights in Europe, is based in Strasbourg, France, and has 46 member states, including Italy. The commissioner fears, among other things, that the bill “excessively expands the scope of state interventions permitted in public assemblies, including against individuals peacefully participating in protests.”

The disputed points

In particular, says O’Flaherty, “Article 14 introduces the criminal offense (in place of the already existing administrative offence) of traffic disturbance with one’s bodypunished with imprisonment from six months to two years if carried out by at least two people. Article 11 also introduces a general aggravating principle for any crimes committed inside or near railway and subway stations”.

Article 13, O’Flaherty continues, “also extends the circumstances in which police commissioners can ban individuals from accessing certain areas close to roads, railways, airports and other infrastructure, by up to one year, and the article 24 provides for prison sentences of six to eighteen months for defacing buildings or assets used for public functions, when the aim is to cause damage to the honour, prestige or decorum of an institution 26 introduces the crime of rebellion in prisons, punishing subjects with imprisonment from one to five years (and from two to eight years for those who promote, organize or direct the rebellion) not only for acts of violence or threats, but also for resistance, including passive resistance”.

Ignazio La Russa

“I have instructed the Senate offices to reject the unacceptable claim of Michael’s O’Flahertycommissioner for human rights of the Council of Europe, to convey to all senators his request not to vote on the security bill which is still being examined before the competent commissions” said Ignazio La Russa, president of Senate.

“O’Flaherty’s letter arrived at the Senate offices while I was in Bulgaria visiting the Italian contingent stationed within NATO and I found it an unacceptable interference in the autonomous and sovereign decisions of a parliamentary assembly. However, upon my indication, the offices forwarded the letter to the Minister for Relations with Parliament, Senator Ciriani, also in consideration of the fact that it is primarily the Government’s responsibility to maintain relations with the European institutions. The same letter was also sent, for simple information, to the presidents of the two commissions involved. In both formal broadcasts I abstained from any consideration.”

“Outside of the official documents, my personal opinion is that I found it not only irregular but contrary to any democratic principle – La Russa’s thrust – that Mr Michael O’Flaherty (completely unknown to me until now) asks even not to vote for a law whose text is still being drafted and being examined by the Commission. Personally, I do not agree with the arguments of that letter, but what matters, and what I find unacceptable, is that it is desired influence the will of our majority and opposition Senators during the process of drafting a lawalmost as if they were incapable of evaluating its contents and consequences independently”.

Francesco Boccia

“We are the first to want to defend the autonomy and prerogatives of our Parliament. But let’s be careful not to lose sight of the merit of the issues. It may be that O’Flaherty’s letter was irregular. But the merit of those findings is serious and we share it” claims the president of the senators of the Democratic Party Francesco Boccia. “And even the majority and government know that the provision has several critical issues given that they have slowed down the process and changes to the text have already been announced. We will continue to fight to change the bill which presents serious aspects of illegitimacy. La Russa and the government does not ignore our criticisms and those coming from various quarters and modifies the provision”.