Commentary on Judgment No. 37171 of 2024: The Crime of Torture and the Protection of Human Dignity
Judgment No. 37171 of April 29, 2024, by the Court of Cassation represents a significant step forward in Italian jurisprudence regarding torture. In this ruling, the Court reiterated the centrality of human dignity, emphasizing that the crime of torture, under Article 613-bis of the Criminal Code, protects not only physical freedom but also the inviolable fundamental rights of the victim.
The Crime of Torture: An Analysis of the Offense
In the specific case, the defendant, F. P.M., forced two minors to witness an act of extreme violence, namely the stabbing of their mother. The Court held that such conduct fully constituted the crime of torture, highlighting how the psychological suffering inflicted on the minors was so severe as to reduce them to mere victims of another's cruelty. This aspect is fundamental to understanding how Italian law addresses torture, focusing not only on physical violence but also on the psychological damage caused by the perpetrator's actions.
Crime of torture - Legal interest - Offense. The crime of torture under Article 613-bis of the Criminal Code is intended to protect human dignity, as the suffering caused by inhuman and degrading treatment is accompanied by subjugation to the perpetrator's will and the denial of the victim's inviolable fundamental rights, reducing them to mere objects of another's cruelty, violence, or malice. (Case in which the Court found the crime to be constituted by the conduct of a man who had forced two minors to witness the stabbing and agony of their mother, confining them within his vehicle during a reckless escape and depriving them of any means of comfort, thereby causing severe psychological trauma to both).
Legal Implications of the Judgment
This judgment marks an important precedent in Italian jurisprudence, strengthening the interpretation of the crime of torture as a serious violation of human rights. The implications of this decision are manifold:
- Recognition of psychological suffering as an integral part of torture.
- Affirmation of human dignity as a primary value to be protected.
- Possibility of applying more severe measures for torture offenses, in line with European human rights regulations.
Conclusions
In conclusion, Judgment No. 37171 of 2024 not only confirms the importance of human dignity in Italian criminal law but also emphasizes the need to protect victims of degrading and inhuman treatment. The Court of Cassation, with this ruling, invites reflection on how justice must be a bulwark for fundamental rights, ensuring that every person is treated with the respect and dignity they deserve.
