| Italy: Integrity Scorecard Report > Sub-Category: Law Enforcement | ||
| Indicators | Score | |
| 80 | Is the law enforcement agency (i.e. the police) effective? | 67 |
| 81 | Can law enforcement officials be held accountable for their actions? | 75 |
Indicator and sub-Indicator Details
| 80 | Is the law enforcement agency (i.e. the police) effective? | |||||||
| 80a: In practice, appointments to the law enforcement agency (or agencies) are made according to professional criteria. | ||||||||
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Comments: In practice appointments are made according to professional criteria. The "spoil system" makes that the heads of the three law enforcement agencies are appointed by the government, so they change according to the political party (or coalition) ruling. Nevertheless, despite the polical proximity, all the present and past heads of the police forces have been selected by officers with sound professional experience. References: www.guardiadifinanza.it www.poliziadistato.it www.carabinieri.it
Peer Review Comments: Appointments are usually based on professional qualifications, but personal and political loyalties play a role.
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| 80b: In practice, the law enforcement agency (or agencies) has a budget sufficient to carry out its mandate. | ||||||||
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Comments: References: There are some complaints about budget cuts to police forces. See Police Trade Union website: [ LINK ]
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| 80c: In practice, the law enforcement agency is protected from political interference. | ||||||||
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Comments: The head of the police forces has political ties. After the political turnover in April 2006 (new prime minister) the head of state police has changed (Mr. Manganelli was hired on June 25,2007,) and is linked with the minister of Interiors; the head of tax police has changed (Gen. D'Arrigo was hired on June 1, 2007,) and is linked with the minister of Economics; the head of Carabinieri has changed (Gen. Siazzu was hired on July 6, 2006,) and is linked with the minister of Defence. References: www.carabinieri.it www.guardiadifinanza.it www.poliziadistato.it
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| 81 | Can law enforcement officials be held accountable for their actions? | |||||||
| 81a: In law, there is an independent mechanism for citizens to complain about police action. | ||||||||
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Comments: References: Citizens can appeal through ordinary justice. Art. 28 of the Constitution Art. 28: Officials and employees of the state and public entities are directly responsible, according to criminal, civil and administrative laws, for acts committed in violation of rights. In such cases the civil responsibility extends to the state and the public entities.
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| 81b: In practice, the independent law enforcement complaint reporting mechanism responds to citizen's complaints within a reasonable time period. | ||||||||
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Comments: The only complaint mechanism for citizens against the police are the regular courts, and the times for civil or criminal trials in Italy is very long. Italy has been condemned several times by the Court of Human Rights for the length of its trials (more than 700 days for the first grade and more than 800 for the 2nd in 2003). References: Report: Stastiche Giudiziarie Civili, by ISTAT [ LINK ]
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| 81c: In law, there is an agency/entity to investigate and prosecute corruption committed by law enforcement officials. | ||||||||
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Comments: References: Guardia di Finanza
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| 81d: In practice, when necessary, the agency/entity independently initiates investigations into allegations of corruption by law enforcement officials. | ||||||||
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Comments: References: [ LINK ]
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| 81e: In law, law enforcement officials are not immune from criminal proceedings. | ||||||||
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Comments: References: There is no law that protects law enforcement officials from prosecution.
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| 81f: In practice, law enforcement officials are not immune from criminal proceedings. | ||||||||
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Comments: Police is subject to investigation and prosecution. Despite the fact that there can be a form of comradership between police officers, in case of serious offences it is difficult that law enforcement agents can avoid investigation - see, for instance, the emblematic case of the investigation on the head of police for the facts happened during the disorders following the G-8 meeting in Genova. In this case, the police (and its head) covered the real behavior of police officers, but the responsabilities and the misbehaviour, reported to the media by the victims, have come out and have brought to the criminalization of the head of the police. References: [ LINK ]
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