On 5 October, the Council of Ministers approved a new decree-law, proposed by President Giuseppe Conte and Interior Minister Luciana Lamorgese, on “Measures for city security, immigration and international protection”. The goal of the law is to modify two measures concerning public security and migration that were adopted by the previous government led by radical-right party The League and the Five Star Movement.  Read here about the security laws and the Italian context: https://civicspacewatch.eu/wp-content/uploads/2020/09/Italy-2019-case-study.pdf.

The two security laws contained provisions criminalising sea rescue and toughening penalties on freedom of assembly. While the new law makes some changes to the provisions criminalising solidarity, it does not tackle issues concerning freedom of assembly.

 

“With regard to the sanctions relating to the transit of vessels in the territorial sea, the prohibition measure is adopted in the event of reasons of public order and safety or violation of the rules on the smuggling of migrants by sea, on the proposal of the Ministry of the Interior. The prohibition measure will not apply to rescue operations of migrants if the indications of the competent authority for search and rescue at sea are respected, after notification to the coordination center and the flag state. In case of violation of the prohibition of transit, reference is made to the current regulations of the Code of Navigation, which provides for imprisonment of up to two years and a fine from 10 thousand to 50 thousand euros. The sanctions introduced previously are therefore eliminated, but the ships of the ngos may still be subject to administrative detention for technical and procedural irregularities.”

By Camilla Lombardi on Wired, 6 October 2020 (in Italian)

Read the opinion of UN special rapporteurs on the criminalisation of migrant rescues and threats to the independence of the judiciary (19 July 2019)

 

“Remains unchanged, however, the whole framework on the repression and criminalization of social movements. The shameful penalties against the roadblock (up to 6 years), a tool used in any scenario of struggle of social rights and territorial issues and specifically designed to oppose the struggles workers in the transport sector and the opposition to the development of high speed railway Tav, remain in place. Also unchanged the more restrictive rules for those who bring defensive tools such as helmets and shields or for those who make “throws” (for example paint or pyrotechnic material) that do not hit anyone.”

By Ossevatorio Repressione, 6 October 2020 (in Italian)

Read the analysis by ECNL on penalties that the Salvini laws had introduced on freedom of assembly (9 August 2019)