I picked those years (actually I did not even remember which they were exactly) meaning to pick recent time, a recent period (like 3-5) since when the Meredith case occurred. Let's say the time closer to the events. I wanted to not include the current year (considering that incomplete).
No, there's nothing special about those years. You're just cherry picking.
Indeed, I suspected you were considering data starting from 1959, which cannot be considered meaningful. Realities (and countries) change too much over periods of time. Italy had attampts of coup d'etats in the sixties, had an underground civil war during the seventies, created a civil (not military) police only in 1981; changed the criminal procedure code in 1989, created new anti-mafia and anti-terrorism legislation in 1992 and over the ninties; reformed the State Police again in 2003-2004 and Carabinieri in 2010 (and a new reform will take place in 2014). Legislation and realities have changed dramatically several times.
Moreover, also other countries can change dramatically over time and this influences the comparison.
Sorry, but I don't agree. There were a few superficial changes but the people are essentially the same. Cultures take a long time to evolve not a few generations. Also, it doesn't matter anyway because the other countries had dramtic changes as well. The comparison is fair (as much as possible).
Take 2012:
Italy and Greece were the worst, Italy had 32 violations in 2012 (mostly for lenght of trials) and Greece had 69 violations (overall, considering all kinds).
This was a figur from 2012 (btw, the year of most dramatic crisis in Greece and Italy, while a much better economical situation was still shareb by several other countries).
But how distant were those other countirs?
Let's see some data from 2011 instead (I copy and paste this which I posted from elsewhere):
France: 33; Portugal 31; Poland: 71; Romania: 68; Germany: 41; Turkey: 174; UK: 19; Austria: 12; Bulgaria: 62
Greece is not in Western Europe. Who cares about data from a particular year? What's special about 2011? Why are you including Eastern European countries in this comparison?
It comes out that France in 2011 had the same number of violations than Italy in 2012 (when it was among the worst). Whil small Portugal has a comparatively much larger number of violations. Germany has a number almost comparable to France considering the respective populations (so, comparable to Italy's violations of 2012). In pother words, there is no dramatic nor significant difference between Italy, France and Germany when you consider short periods and contemporary times (and we are still considering only aggregated overall number of violations, not their kinds). Meaning Italy of 2012 is comparable with Germany of 2011 (France and Italy have actually a very similar population). Austria in fact looks worse because it has 1/3 of violations but less than 1/7 of population than Italy.
Yes, I agree that there's no point in comparing data from any specific year. What's important is to look a trend over a period of many years. The trend shows that Italy performs much worse than oher Western European countries. It also doesn't really help your case that most of the othe worst offenders have similar judicial systems.
Look back at your long time period since 1959. Italy has 1,687 violations found, a big number indeed, but of which 1,171 are violations for excessive lengh of proceedings. Hence, it is clear Italy has a lenght of proceedings problem.
But it is also clear that this affects most of the bulk of its violations. There is a disproportion between this single figure and the magnitude of the rest of violations, even on the long period. You don't observe such difference in magnitude in other countries which are definitely less human-rights friendly: Russia, Romania, Poland etc. In those you see violations of diverse very serious kinds all in big numbers (deprivation of life, police misconduct and so on).
I never said that Italy had a worse performance than countries form Eastern Europe, which clearly have much worse problems. However, it is also true that most cases of police misconduct in Italy (and other countries with accountability problems in their judiciaries) are not reported. This also means that it is difficult to have accurate estimates though so I won't delve into this further. Still the comparison with other western european countries holds and Italy's performance is much worse than average, and yes even worse than Asutria even after controlling for the different populations.
Violations of "fairness of the trial" (over the whole period), meaning something affecting the outcome, In Italy they are in a smaller magnitude. In total number smaller than France.
Yes, because excessive length of rpeocedding doesn't affect the outcome? Are you kidding? This will affect the outcome of proceedings even in the cases where the length is not excessive. They're not a small outcome in Italy, they're second only to France, by a very small margin.
Other interesting numbers: Italy has (in 2010) 276,256 police officers (I think the fourth highest density in Europe after Spain Turkey and Greece); while Germany has 243,625, and UK has 167,318. The US has 794,300 police overall, which means a police density a bit more than half of the Italian one. Germany has a density of 300 police per 100,000 inhabitants; France has 356; Italy has a density of 417.
The police density is a datum which statistically affects - obviously - some of the violations, namely those involving police officers. If the density of corruption/misconduct in two police corps was hypothetically "equal", but the second corp is 1.5 times the size of the first, the number of violations committed by police of the second would also be 1.5 times bigger than the first, with no implication that the second is worse than the first.
I see your point, but that's not the only factor. We return to the problem of lack of accountability of the judiciary (which may be reflected in the police as well). Please don't deny that there's a ack of accountability. It's built into the system.
If you look at your template reporting about the whole interval 1959-2012, you may compare countries on other topics besides "lenght of proceedings", and see that over this very long time interval comparisons are possible on topics like: "freedom of expression" : Italy: 3 violations; Germany: 2; UK: 11; Turkey: 215.
If you look at the topic: violation found of "right to a fair trial" you find more surprises => Italy: 249; France: 257; Germany: 18; United Kingdom: 91; Turkey: 755;
Big unexpected differences between France or Italy and Germany, and performance worse than expected for UK. But then, also you find small countries that have relatively many of them, such as Austria: 86; Belgium: 48; Finland: 37. On the same category "fairness of trial" many other numbers are comparatively much bigger (Greece, Ukraine, Bulgaria, Poland etc.).
No surprises here.
From this chart, you cannot infer that the Italian judicial system is found to be an unfair one compared to others in Europe, as for the merit of fairness of trials (with the exception of lenght of proceedings, in both civil and criminal fields): at least five countries are worse in absolute number of violation, while many others are worse in their percentage (either on the total number of trials or on number of inhabitants).
Yes, if you ignore the problem than there is no problem with Italy, although it would still rank among the worst ones, far away from the average (Western Europe). However, I don't agree that you can just ignore the violation to the right to speedy trial, and I don't agree that this won't affect the quality of the final outcomes. There's a reason why it is a human right in the first place. It's not something to laugh about or dismiss for no reason.
But in Italy there is quite a problem in failure of judiciary to effectively pretect property (322 violations), and this is an actual problem in Italy, much more than human rights, which has specific reasons, inherent to the flaws of the system. You pin these flaws on the idea that the judiciary is not accountable, but I think your guess in fact shows your poor knowledge about the system. There are other, structural and politica reasons for that; which they are related not to judges at all; they depend instead on some specific laws, which have to do with political powers, lobbies and property. I may talk about them in another post.
It's not just a guess. That accountability in the judiciary is a desirable property in a judicial system is not exactly a radical idea. It essential, as it is esential in any kind of organisation. Of course the difficult thing is to balance this with the desire to have an independent judiciary. They're both desirable properties but unfortunately you can't maximise both at the same time. When judges only have to respond to other judges, that's your accountability gone. This problem is present in other countries too, so you don't really have to have know in detail the Italian specificities.