Italy Passes Decree-Law 190 Amid Rights Groups’ Warnings

The Italian Council of Ministers approved Decree-Law No. 190 on public security on 20 October 2026, a measure that human rights organizations argue significantly restricts civic space and undermines the rights of children. The Observatory for the Protection of Human Rights Defenders, a joint initiative of the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), alongside the Unione Forense per la Tutela dei Diritti Umani (UFTDU), have expressed profound concern regarding the legislation’s impact on the right to peaceful assembly and the protection of minors within the criminal justice system.

Context of the Protests

The legislative response follows demonstrations held on 17 and 18 October 2026 across approximately fifteen Italian cities. Initially organized by the “Italia in piazza” movement, which included trade unions, students, and hauliers, the events evolved into the ‘Movimento 17 Ottobre’. In Milan, police estimated participation at roughly 5,000 individuals on the first day. While the main march remained largely peaceful, clashes occurred in the city center involving individuals with covered faces, separate from the primary demonstrators. Subsequent unrest on 18 October, driven by social media calls unrelated to official declarations, resulted in shop looting and an estimated attendance of no more than 2,000 people.

Law enforcement data reported that 271 young people were taken to Milan police headquarters, with 220 identified as minors. Arrests totaled 16 on 17 October, including 11 minors, and 32 on 18 October, including 23 minors. Legal proceedings for devastation and looting under Article 419 of the Criminal Code, carrying sentences of eight to 15 years, have been initiated against several participants, including juveniles.

Provisions of the Decree-Law

Published in the Official Journal on 22 October and effective from 23 October, Decree-Law No. 190 introduces severe penalties and expanded police powers. It establishes a new offense of “organized violence in a public demonstration,” punishable by two to five years in prison and fines up to 20,000 euros. A standalone crime targeting the organization or instigation of violent groups via digital means carries a penalty of four to 12 years. Penalties for destruction, looting, and attacks on utility infrastructures are increased when committed during demonstrations or by groups of at least five people.

The decree extends preventive police operations in crowded spaces, allowing authorities to detain individuals deemed a concrete threat, including minors aged 14 and over, for up to 12 hours. It introduces a rebuttable presumption that minors aged 14 to 18 possess the capacity to understand and will their actions, thereby establishing criminal liability without the previous case-by-case assessment. Although special trials and reduced sentences remain, the law allows pre-trial detention in juvenile prisons for new offenses related to organized violence and group criminal damage.

Furthermore, the legislation permits “deferred” arrests based on video evidence up to 48 hours after the fact, bypassing immediate judicial validation for suspects caught in flagrante delicto during demonstrations. Judges ordering precautionary measures for defendants aged 16 to 18 are no longer required to consider the interruption of educational processes. Administrative fines ranging from 500 to 1,000 euros have also been introduced for parents.

This report was produced by the HuMedia newsroom.