L’attuazione in Italia delle ‘liste’ anti-terrorismo e la loro rilevanza nel processo penale*

The effects of the terrorism ‘blacklists’ on the Italian legal system and criminal proceedings - It is well known that at the UN the blacklisting mechanism is managed by an ad hoc Committee acting under the authority of the Security Council. In 2001 in Italy was created a new institution, the Financial Security Committee, playing a crucial role in the blacklisting mechanism. The Italian legislation on this topic, however, does not seem to offer an adequate protection of the human rights of the ‘suspected’ financial supporter for international terrorism, mainly for the potential role of the intelligence. In this context, it is important to evaluate the case-law of the Italian Supreme Court (Corte di Cassazione) on the role of the ‘blacklists’ in criminal proceedings. While some of the sentences decided in the aftermath of the emergency situation of the post 9/11 period show the unwillingness of the Court to criticize the use of the ‘blacklists’ in the criminal proceedings, at a later stage the Court expressed its opinion in the strongest way: the ‘blacklists’ derive from a political determination and cannot be considered as evidence; in the criminal proceeding they are only one among many elements that the prosecutors and the judges have to evaluate (Bouyahia case, decision no. 1072, October 11, 2006).;

Ivan Ingravallo, L’attuazione in Italia delle ‘liste’ anti-terrorismo e la loro rilevanza nel processo penale* in "DIRITTI UMANI E DIRITTO INTERNAZIONALE" 3/2008, pp 561-580, DOI: