US embassy cable - 02ROME3647

C O N F I D E N T I A L ROME 003647 
 
SIPDIS 
 
E.O. 12958: DECL: 07/23/2012 
TAGS: PHUM, IT, HUMAN RIGHTS 
SUBJECT: ITALY FULLY SUPPORTS DRAFT OPTIONAL PROTOCOL ON 
TORTURE 
 
REF: SECSTATE 130158 
 
CLASSIFIED BY: A/POL P. THIEDE FOR REASONS 1.5 (B) AND (D) 
 
1.    (C) IN RESPONSE TO REFTEL DEMARCHE, MFA OFFICE DIRECTOR 
FOR HUMAN RIGHTS EMANUELE PIGNATELLI TOLD POLOFF JULY 23 THAT 
THE GOI SHARES THE EU POSITION ON THE DRAFT OPTIONAL PROTOCOL 
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ON TORTURE.  STATING THAT THE GOI HAS BEEN TRYING TO GET THE 
USG TO SIGN THE DOPT, PIGNATELLI OUTLINED HIS GOVERNMENT'S 
POSITION WITH CONVICTION.  THE GOI IS "PROFOUNDLY CONVINCED" 
OF THE DOPT'S NECESSITY.  NEGOTIATING THE DOPT TOOK TEN 
YEARS; ALL SOLUTIONS AND NATIONAL POSITIONS WERE CONSIDERED. 
AN INTERNATIONAL BODY ABLE TO INTERVENE TO PREVENT CASES OF 
TORTURE AND TO HELP COUNTRIES DEVELOP LEGAL FRAMEWORKS TO 
PREVENT TORTURE IS ESSENTIAL.  THE SUCCESS OF THE EUROPEAN 
CONVENTION AGAINST TORTURE AND ITS COMMITTEE TASKED WITH THE 
TYPE OF RESPONSIBILITIES ENVISIONED BY THE DOPT HAD CONVINCED 
THE GOI OF THE VALUE OF EXPANDING THEM TO THE INTERNATIONAL 
SYSTEM. 
 
2.    (C) PIGNATELLI ACKNOWLEDGED THAT THE DOPT "COULD ALWAYS 
BE IMPROVED."  HOWEVER, THE DRAFTING COMMITTEE HAD DONE AN 
EXCELLENT JOB, AND IT WAS BETTER TO HAVE A SLIGHTLY-IMPERFECT 
DOPT THAN NONE AT ALL.  WITH REGARD TO THE PROCEDURAL 
CONCERNS RAISED BY REFTEL AND PREVIOUS DEMARCHES, PIGNATELLI 
SAID THAT CONSENSUS IS CERTAINLY PREFERABLE BUT NOT ALWAYS 
POSSIBLE.  IN THIS CASE, BEING ABLE TO BRING THE DOPT TO A 
VOTE ENABLED THE CHR TO RESOLVE A DILEMMA; I.E., HOW TO PASS 
THE DOPT WITHOUT WATERING IT DOWN SO MUCH AS TO BE USELESS. 
 
3.    (C) CURRENTLY, THE GOI IS ENGAGED IN AN EFFORT TO 
CONVINCE OTHER COUNTRIES WITH GOOD HUMAN RIGHTS RECORDS TO 
ACCEDE TO THE DOPT, NOTING THAT ITS AIM IS TO PREVENT 
TORTURE, NOT TO JUDGE OR CONDEMN OTHER GOVERNMENTS. 
NONETHELESS, THE GOI "FULLY APPRECIATED THE CONSIDERATIONS 
THAT THE USG HAS EXPRESSED." 
SEMBLER 
 
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 2002ROME03647 - Classification: CONFIDENTIAL