Constitutional Provisions

The 1974 Constitution of San Marino does not guarantee the rights to life or to freedom from inhumane treatment although Article 5 provides that: "Human rights shall be inviolable."

The Constitution does not refer specifically to the police but Article 14 stipulates that: "Public officials shall be liable for breaches of citizens' rights, in the ways and within the limits laid down by law."

Treaty Adherence

Global Treaties

Adherence to Selected Human Rights Treaties
1966 Covenant on Civil and Political Rights (ICCPR)    State Party
ICCPR Optional Protocol 1 State Party
1984 Convention against Torture (CAT) State Party
Competence of CAT Committee to receive individual complaints Yes
CAT Optional Protocol 1 Not party
Adherence to International Criminal Law Treaties
1998 Rome Statute of the International Criminal Court State Party

Regional Treaties

Adherence to Regional Human Rights Treaties
1950 European Convention on Human Rights State Party

National Legislation

Police Use of Force

The Civil Police (Corpo de Polizia Civile) and the gendarmeria are the primary law enforcement agencies in San Marino, although the Guardia di Rocca – Nucleo Uniformato (Fortress Guard – Uniformed Unit), a unit in the San Marino armed forces, also carries out day-to-day law enforcement duties.. San Marino is said to be one of the safest countries in the world.

Article 4(1) of the 2014 Code of Conduct for Public Officials provides that: "Public officials shall be required to perform their duties in accordance with the law, legitimate instructions and ethical rules relating to their functions." 

Use of Force in Ciustodial Settings

Conditions of detention are regulated by Prison Regulations Law No. 44/97.

Police Oversight

The San Marino Police Department is under the responsibility of the Secretary of State for Internal Affairs. The gendarmeria is under the Secretary of State for Foreign Affairs. There is no independent civil police oversight body.

Caselaw

Global

Views and Concluding Observations of United Nations Treaty Bodies

In its 2015 Concluding Observations on San Marino, the Human Rights Committee did not address police use of force. The issue was also not raised during the 2015 Universal Periodic Review of San Marino under the United Nations Human Rights Council.

Regional

Podeschi v. San Marino

In its 2017 judgment in this case, which concerned among other issues the conditions of detention of the applicant, the European Court of Human Rights held that:

the overall conditions of detention did not subject the applicant to hardship of an intensity exceeding the unavoidable level of suffering inherent in detention....

Downloads

1974 Constitution of San Marino (Unofficial English translation)

2014 Code of Conduct for Public Officials

Podeschi v. San Marino