ARRESTED ABROAD: ITALIAN PRECAUTIONARY DETENTION THROUGH THE EYES OF AMANDA KNOX

Benjamin M. Sayagh, George Washington University

Abstract

My article, Arrested Abroad: Italian Precautionary Detention Through the Eyes of Amanda Knox, discusses Italian precautionary detention laws, which permit an Italian magistrate judge to imprison criminal suspects without charging them with any crimes while they investigate the matter further. Most recently, this method was applied to Amanda Knox, an American student studying abroad who was subsequently charged and convicted of the murder of her roommate.

In the article, I aim to make two contributions. First, I argue that Amanda Knox was improperly held in Italian prisons during the investigations leading to her conviction of murder and sexual assault. Based on the letter of the laws themselves, there was insufficient evidence to imprison Knox while police investigated the crime. Second, and most importantly, I argue that her case is one of a pattern used by Italian authorities’ in applying preventive detention laws, and that this practice violates Italy’s obligations under the European Convention on Human Rights. In this portion, I contend that Italy’s precautionary detention laws, as written and applied, violate the Right to Freedom and Security in Article 5 of the European Convention, as that right has been interpreted by the European Court of Human Rights.