Commentary on Judgment No. 37171 of 2024: The Crime of Torture and the Protection of Human Dignity
Judgment No. 37171 of April 29, 2024, from the Court of Cassation represents an important step forward in Italian jurisprudence regarding torture. In this ruling, the Court reiterated the centrality of the person's dignity, emphasizing how the crime of torture, pursuant to Article 613-bis of the Penal Code, protects not only physical freedom but also the inviolable fundamental rights of the victim.
The Crime of Torture: An Analysis of the Case
In this 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 found that such conduct fully constituted the crime of torture, highlighting how the psychological suffering inflicted on the minors was so severe that it reduced them to mere victims of another's cruelty. This aspect is crucial to understand how Italian law addresses torture, emphasizing not only physical violence but also the psychological harm caused by the actions of the perpetrator.
Crime of torture - Legal object - Case. The crime of torture referred to in Article 613-bis of the Penal Code is aimed at protecting the dignity of the person, given that the suffering caused by inhuman and degrading treatment is accompanied by subjugation to the will of the perpetrator and the denial of the inviolable fundamental rights of the victim, reducing the victim to a mere object of another's cruelty, violence, or brutality. (Case in which the Court considered the crime to be integrated in the conduct of a man who had forced two minors to witness the stabbing and agony of their mother, confining them inside his vehicle during a reckless escape and depriving them of all means of comfort, thus causing both severe psychological trauma).
The Legal Implications of the Judgment
This ruling marks an important precedent in Italian jurisprudence, reinforcing 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 stricter 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 should be a bulwark for fundamental rights, ensuring that every person is treated with the respect and dignity they deserve.
