The verdict expected Wednesday in a landmark case may present a historic legal challenge to the US Central Intelligence Agency’s (CIA) rendition program.

The return of one man convicted of the Lockerbie bombing to Libya, where he got a hero's welcome, has caused an international outcry while the return of hundreds of boat migrants to Libya, where they face certain detention and probable brutal mistreatment, causes nary a peep.

African immigrants who attempt the dangerous boat journey across the Mediterranean to Italy face a double dose of hardship. Since May, if their vessels are intercepted by the Italian authorities, they have been summarily returned to Libya, where migrants typically suffer widespread mistreatment.

Italy intercepts African boat migrants and asylum seekers, fails to screen them for refugee status or other vulnerabilities, and forcibly returns them to Libya, where many are detained in inhuman and degrading conditions and abused.

Italy’s expulsion of a Tunisian terrorism suspect to a country where he is at real risk of torture is the latest example of how it flouts the absolute ban on such returns. Italy returned Ali Ben Sassi Toumi to Tunisia on August 2, 2009, despite repeated rulings from the European Court of Human Rights to suspend the planned expulsion until the court fully investigates the claim that he would face torture or other mistreatment upon his return.

The European Commission's pressure on Italy to report on its forced - and reportedly brutal - return of migrants to Libya is welcome. But the statement by Jacques Barrot, the Commission's vice-president, that these were isolated incidents unlikely to be repeated, because the Libya-Italy agreement will mean "fewer illegal migrants coming in", is cause for concern.  

“Protection of human rights can only be achieved if the victims of human rights violations have access to an effective remedy.” Yet this fundamental human right, enshrined in so many instruments, including the European Convention on Human Rights, is being breached on a continuous basis in many member states. This fact underscores a serious enforcement gap that urgently needs to be addressed.

The Italian Senate should reject legislative proposals that would impose criminal penalties on undocumented migrants and provide a national framework for vigilante groups.