Almost one million people were stopped or arrested by Italian police in 2015, which means they underwent a temporary deprivation of their liberty. How many of them knew their rights? How many of us know what we are entitled to while in police custody?

These worrisome numbers and lack of information is the reason why the Italian Coalition for Civil Liberties and Rights, in collaboration with Antigone, decided to write an easy and accessible guide to help people go through the first hours after their arrest, so that they are aware of their rights and capable of recognizing if they are being treated fairly under the law.

Vulnerable

According to Italian legislation, the period of custody following an arrest can last up to 96 hours; the first 24 hours are crucial for the arrested person, who has to wait for the public prosecutor to make a decision about the validity of the arrest.

This time period is one of great uncertainty for the arrested person, and too often authorities do not clearly inform him of the rights he is entitled to, thus increasing the vulnerability of the person under arrest.

In compliance with European regulations, Italy has adopted the standard procedure of informing arrested or stopped persons of their rights through the so-called Letter of Rights. Even though this is a step forward, if the previous situation of uncertainty and misinformation about personal rights is considered, this sheet of paper is still not enough in and of itself.

In fact, people are still very vulnerable from the moment of their arrest or custody, and face additional difficulties if they are foreigners who do not speak Italian. These individuals are entitled to an interpreter, although this provision is not always granted.

Knowledge is power

In order to avoid misunderstandings, wrong practices, violations of rights and rushed decisions about someone’s guilt, it is of the outmost importance that persons arrested or taken into custody are able to stand up for themselves, know their rights and report failures in being provided with the necessary assistance.

Hence the creation of the guide "Know Your Rights," a useful tool that explains rules and answers frequently asked questions about arrests. Translated into three languages, it is available online for downloading.