Italy
Date of the report Nov. 2018 Authors Claudio Paterniti & Alessio Scandurra - Antigone / Prison Insider
Prison population Country’s Prison population rate per 100.000 of population (2017)* 59,359,900 total 57,608 97 national
Number of Nature of political 190 for adults Parliamentary Death penalty No, abolished penal facilities / systeme (2017)* 4 for women democracy in 1948 institutions 16 for minors
Human development Number of female Ranking Occupancy rate index (2015)* 26/188 105.4% prisoners 2,402
INTRODUCTION LIST OF ACRONYMS
After long negotiations and several findings of violations by the ECtHR, CAT Committee Against Torture Italy finally recognized torture as a crime in July 2017. However, the legal definition does not fully comply with international standards. NIC Central Investigative Unit There is also still work ahead in term of torture prevention. Prison CPT European Committee for the Prevention of Torture officers still do not carry identification badges, health practitioners do not receive training to properly document signs of torture, and ECHR The European Court of Human Rights there is no police unit that specializes in the investigation of cases HIV Human Immunodeficiency Virus of ill-treatment. LGBTI Lesbian, Gay, Bisexual, Transgender and Intersex 2017 marks the second year that Italy’s prison population began to National Preventive Mechanism rise, after a steady decline since 2010. The prison population gained NPM 5.4% new inmates in 2017. Since the number of offences registered PPT Public-Private Partnership in the past years has continued to go down, NGO Antigone points at harsher sentences and fewer alternatives to detention for foreign DAP The Department of Prisons Administration nationals as one of the main reasons for this prison population rise. UNCAT United Nations Convention Against Torture
The year 2017 brought great expectations with it, since long-waited FIACAT Federation of Action by Christians for reforms were in the table of negotiations, both for the prison system the Abolition of Torture and for the criminal code. Experts know that key subjects such as conjugal visits, the right to freedom of religion and a broader use of NGO Non-Governmental Organization alternatives sentences will probably not receive the attention they USSM Social service for minors deserve. IPM Juvenile Prisons Yet there is still hope that the texts will reinforce the notions of dignity, CPIA Provincial centers for education of adults non-discrimination, rehabilitation and, of course, the prohibition of torture and cruel, inhuman and degradation treatments. REMS Institution for psychiatric hospitalization
*Source: World Population Review Physical integrity PHYSICAL INTEGRITY Prison population Death penalty _ The death penalty was repealed from the military code in 1994 and from the Constitution Penitentiary system in 2007. Daily life
Health Deaths in detention _ Change in number of Deaths in detention Security deaths compared to the increased (excluding suicides) 78 previous year by 21.8 % Date : December 2017 Discipline In 2016, there were 64 deaths in Source : Antigone, Annual Report, detention. 2017, (in Italian) Contact with the outside world
Access to legal rights Change in number of Number of deaths suicides compared to the increased attributed to suicide 52 For more in-depth information previous year by 33.3 % Date : December 2017 Source : Antigone, Annual Report, There were 39 suicides in 2016. 2017, (in Italian)
Prison authorities publish on a Death rate in detention official statistics regarding regular (per 10,000 inmates) 22.5 deaths in detention basis The Ministry of Justice (DAP) publishes monthly, annual and Date: December 2017 biannual statistics.
Rate of suicides in Rate of suicides in 11.7% in detention (per 10,000 detention 2016 9.1% inmates) Date : December 2017 Source : Antigone, Annual Report, 2017, (in Italian)
Rate of suicides in detention compared to 6 suicides per 100,000 inhabitants (national rate) (detention rate) the national suicide rate 7.2 suicides per 10,000 inmates Date: 2015 Source: Eurostats
Change in rate of suicides increased: 8 suicides per 10,000 inmates in in detention compared to 2016 the previous year The suicide rate passed from 8.4 in 2008 (46 suicides) to 9.1 in 2017 (52). A significant decrease was observed in 2013, when the rate stood at 6 suicides per 10,000 inmates.
Change in rate of suicides in detention compared to increased: 8 suicides per 10,000 inmates in the previous year 2016
Where do most of the suicides take place? no information
2 Physical integrity
Prison population Has a suicide prevention yes policy been implemented? Penitentiary system The prison administration and the Ministry of Justice is res- Ministry of Justice, “National plan ponsible for decision-making and implementation. Daily life for the prevention of suicides in the adult prison population”, 2017. A national plan for prevention of suicides for adult and (in Italian) Health minor inmates was introduced in 2017.It provides guidelines for data collection at a local, regional and national level Security that should allow to detect suicidal tendencies. Inmates at risk receive psychological support from professionals and Discipline volunteers. The prison staff should remain aware in order to detect potentially threatening situations Contact with the outside world
Access to legal rights An investigation is For more in-depth information opened for all deaths According to the decree 230 of the President of the Republic (June 2000), a doctor should present a report to the prison warden after each death. The report should be transferred to the authorities, which should inform the relatives about the decease.
Do the authorities apply no all means to ensure the independence In 2017, the UN Committee Against Torture invited Italian and impartiality of the authorities to ensure that death sin pre-trial detention are investigation? promptly and impartially investigated by an independent body.
A 22 years old inmate from Regina Coeli prison, showing signs of psychological troubles, was placed in an institution for psychiatric hospitalizations (REMS). After attempting to escape several times, he was transferred back into a regular prison. He committed suicide by hanging in his cell, in February 2017, leaving behind a note that was made public by Antigone.
Andrea Cesar was found dead on the night of 26 April 2017 in Coroneo prison (Trieste). A drug overdose is supposed to be the cause. His death brought to light the lack of staff in the facility, where only one guard was on function during the night of the events for about 200 inmates. The mishandling of the healthcare service was also pointed by the penitentiary police (UILPA), stressing the fact that private operators monopolize decision- making and information about the inmates’ health profiles.
Suicide is the cause of 40% of the deaths in 2017. Natural death is the second main reason.
In December 2017, the UN Committee Against Torture stressed out the lack of information concerning suicides and other sudden deaths in detention.
A study published in 2008 by Giovanni Torrente 1 pointed that 25 out of the 48 suicides registered that year happened during pre-trial detention. The period prior to release has also been identified as increasing the chances of committing suicide.
Studies also point at the lack of prison staff and social educators as one of the factors. For 1- Giovanni Torrente, “Sentence and reoffending: current trends and state of example, Cagliari prison which hosts around 600 inmates out of which close to a half suffer research”, 2009. from drug dependency or psychological disorders, only counts nine social educators.
3 33 suicides out of the 39 that took place in 2016 were committed by hanging. Three cases Physical integrity were linked to asphyxia from gas, one to suffocation, one to a fall from stairs and one to poisoning 2. Prison population
Penitentiary system Disciplinary sanctions may be applied, such as exclusion from recreational activities or solitary confinement. In addition, these sanctions hinder the possibilities to obtain a 3 Daily life sentence reduction .
Health According to Italian law, the partner or closest relatives of the inmate should be informed in case of death. This provision is not duly implemented in practice. Authorities sometimes Security communicate deaths in a cold way or delegate the duty to the prison chaplain 4.
Discipline Italian authorities prosecute prison functionaries who are pointed as responsible for a death that is considered to be suspect. Contact with the outside world
Access to legal rights Eight physicians and a psychiatrist were prosecuted for manslaughter in 2016 in a case filed by Antigone. For more in-depth information The event took place in July 2012. Mr. Alfredo Liotta died in Cavadonna prison (Siracusa) from complications linked to a severe eating disorder and other psychiatric conditions. The medical staff that examined him shortly before his death considered he was simulating that condition in order to escape from prison and was thus never transferred to a hospital. The trial will take place in May 2019 5.
Treatment and violence _ The Constitution or the legislation mention the prohibition of torture only in law. After long negotiations and several findings of violations by the European Court of Human Rights (ECtHR), Italy finally introduced the definition of torture into its criminal code in July 2017. The Constitution (article 13) does not refer to the prohibition of torture but rather to all types of violence against physical integrity.
The country ratifies the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT). Signature: 4 February 1985 Ratification: 10 October 1989
Is the definition of “torture”does not fully comply with the UNCAT. It does not provide a definition of the perpetrator or the factors motivating the use of torture.
According to Italian law, perpetrators face prison sentences from five to 12 years. If the acts result in the unintentional death of the victim, penalty increases up to 30 years. They might incur a life sentence if the resulting death is considered intentional.
Violence committed by prison staff.
The number of Change in number of ill-treatment cases 7,502 cases of torture and registered during the year ill-treatment compared increased Date : 2016 to the previous year Source : UNCAT 6
In 2015, 4,688 violent acts were registered. However, they concern all forms of aggression (from prison staff, from inmates and between inmates).
In December 2017, the Committee Against Torture (CAT) pointed the lack of information on the number of complaints for torture or ill-treatment and on the corresponding investigations and prosecutions.
4 Physical integrity Each prison facility does not keep an updated record of aggressions committed by Prison population members of the prison staff.
Penitentiary system In the Submissions to the UN Committee Against Torture, Antigone recommended to the authorities to create a single register with data regarding complaints about torture and Daily life ill-treatment 7.
Health The victim can file a complaint. According to Antigone, the absence of identification badges Security on the uniform of law enforcement officers prevents inmates to identify offenders.
Discipline The authorities do not apply all means to assure the independence and impartiality of the Contact with the outside world investigations.
Access to legal rights The Central Investigative Unit (NIC) is a unit of the penitentiary administration in charge of investigating offences committed in the prison environment or by persons linked to this For more in-depth information environment.
The prosecutor is responsible for the investigation and decides which body should intervene. The penitentiary administration might appoint this body if there is no conflict of interest. Otherwise, the judge designates a different independent body.
In practice, investigations are carried out differently and in different environments. They usually consist of collecting reports and interviews, but potential testimonies are difficult to find. They also check books and recordkeeping.
The main problem is the protection of the victims because they remain in prison. Even if they are transferred to another prison they are still targets. A culture of protecting the colleagues is widespread among prison staff.
Investigations are always very lengthy. After several years of judicial proceedings, judges have difficulties in pronouncing a decision. Moreover, when offenders have been convicted, they can benefit from pardon and serve a sentence lower than the one decided by the judge 8.
It is difficult to point at a general context for cases of violence since they tend to vary according to the situation and the authors. Collective beatings have been linked to groups of inmates that are difficult to manage.
In October 2017, the ECtHR found a violation by the Italian State of Article 3 (prohibition of torture) of the ECHR in the case Cirino and Renne v. Italy, submitted by Antigone in 2011. The events date back to 2004, when two inmates were subject to systematic ill-treatment made by five police officers in Asti prison. The violence occurred especially at night.They were locked-up undressed in “smooth cells” without window glasses and heating system and forced to drink from the toilet several times.
A trial is currently underway at the Foggia Court for events that occurred in Lucera prison in 2011. Locked up in solitary confinement, Giuseppe Rotundo,was asked to undress and then got beaten by a group of police officers. The officers and the prison psychologists testified in court confirming Mr. Rotundo’s allegations. The next hearing is scheduled for October 2018.
No deaths due to torture have been demonstrated in recent years.
There is no a criminal police section specialized in torture and ill-treatment. The penitentiary police officers do not wear any identification badges allowing victims to identify them 9.
Cases of torture fall under criminal investigations. Organisations can sometimes play an important role. For example, of the approximately 4,000 appeals filed in the context of the Torreggiani vs. Italy case before the ECtHR for violation of Article 3 of the ECHR, approximately 1,400 caseswere filed with the participation of Antigone.
5 The rights of prisoners may be more vulnerable while on solitary confinement. Cases of Physical integrity violence by prison police officers often take place far from the eyes of the rest of the inmates. The arrival to prison presents major risks for the health and life of the new Prison population prisoner. They are more vulnerable because of the prison shock and must be monitored more closely. Penitentiary system
Daily life The motives for which a judge decides to close an investigation related to ill-treatment in prison are considered to be relevant. Health The sanctions for violence can be penal (see B3.1) or disciplinary (like suspension of duties). Security For example, in Asti prison’s case, one of the five police officers that were charged with ill-treatment was acquitted, while the charges for the other four were reduced to injuries Discipline and abuse of power. In another case of ill-treatment, the accused police officers were just suspended of duties Contact with the outside world (case of Stefano Cucchi) 10.
Access to legal rights Prevention of tortures and ill-treatment. For more in-depth information During the last Universal Periodic Review, the UN Committee against Torture (CAT) recognized the efforts made by Italy to provide training programmes in human rights to prison staff. However, it considered that there was not enough information about the impact those programmes were having 11.
Interrogations are generally conducted without the presence of a lawyer.
Health affairs are managed by the regions, which also deal with prison health. Doctors do not have any specific training to document the physical and psychological effects of torture and ill-treatment 12.
Violence committed by inmates against prison staff. Number of violent episodes against prison staff is not available.
Change in number of cases of aggression compared to the previous year is increased.
Each prison facility does not keep an updated record of aggression cases against the prison staff.
The authorities apply all means to assure the independence and impartiality of the investigations.
The prison administration does not provide a real distinction of the nature of the aggressions recorded. It is known that insults are not taken into account in the number of aggressions registered.
Disciplinary or penal sanctions can be applied when the accusations are proved. Most commonly, sanctions applied are disciplinary.
Violence between inmates. Number of violent episodes between inmates is not available.
Change in number of violent episodes compared to the previous year is not available.
Each prison facility does not keep an updated record of the violent episodes between inmates.
The authorities apply all means to assure the independence and impartiality of the investigations. In case of complaint, an investigation is automatically opened.
6 In March 2017, an inmate of the Mammagialla prison (Viterbo) was attacked by a group of Physical integrity inmates. He was hospitalized due to the injuries and was later released from prison.
Prison population In December 2017, two men were attacked by a group of inmates in a high security block of Fuorni prison (Salerno). Victims were transferred to the hospital and one of them suffered Penitentiary system from serious skull and face injuries.
Daily life The most frequent forms of violence reported are aggressions (between inmates and Health between police officers and inmates). Homicides in Italian prisons are very sporadic according to the official statistics. Over the Security last 25 years, the average has been less than one homicide per year. The Italian NGO Ristretti Orizzonti published on its website information concerning these Discipline homicides; they usually result from escalated internal and often futile disputes. None of these are related to blood feuds, contrary to most of the homicides outside prison. Contact with the outside world Violence between inmates is related to a system of delegated governance (authority given Access to legal rights to an imprisoned cell chief); lack of staff; overpopulation; presence of gangs in facilities.
For more in-depth information Violence between inmates is mainly linked to overpopulation and internal tensions within prison life. However, overcrowding is not the single reason that increases violence in prison. High occupancy rates combined with other factors such as the lack of activities or work opportunities, as well as prolonged solitary confinement, can increase the number of aggressions registered in a prison facility. This is the case in the overcrowded Como prison, where Antigone’s monitoring team has been observing a situation of strong tension in the past years.
Even though Italy criminalized torture in 2017, no complaints or proceedings according to the new law have been filed yet. Prior to July 2017, investigations were entrusted to the judicial police by the magistrates. However, there is no judicial police section within the Public Prosecutor’s Office specialized in torture or ill-treatment.
In 2017, the ECtHR found a violation by Italy of Article 3 of the European Convention for Human Rights (ECHR) for the absence of a definition of torture in Italian legislation in cases Blair and others and Azzolina. In the case Cirino and Renne v. Italy the ECtHR considered that domestic courts had made an effort to establish the facts and to identify the individuals responsible for the treatment inflicted on the applicants. However, Italian courts had concluded that, under Italian law, there were no legal provisions allowing to qualify the treatment in question as torture.
The penitentiary administration (DAP) reported 8,586 cases of self-harm in 2016. Nonetheless, individual causes can also come into account. For example, out of 500 self- injurious acts reported in Terni prison in 2016, 200 were committed by the same person.
Arbitrary or secret detention _ Secret detention is not allowed.
7 Physical integrity PRISON POPULATION Prison population Prison population _ Penitentiary system Monthly, half-yearly and annual statistics on prison population are available on the website of the Ministry of Justice. Daily life The penitentiary administration has a computerised record keeping. Health
Number of people Security What is the total number serving custodial and non of prisoners? 57,608 97,440 Discipline custodial sentences Date : December 2017 Source : : Ministry of Justice 1 Date: July 2018 Contact with the outside world 16,694 persons in ‘‘affidamento in prova ai servizi sociali’’ (probation services). Access to legal rights 11,151 under house arrest. Prison population rate per 97 7,369 were in a program involving community For more in-depth information 100,000 inhabitants service. 904 were in semi-freedom (under the authority Date : December 2017 of prison staff). 3,831 were in vigilant freedom (under police control). 183 were in controlled release (police control). Change in number of 4 were in semi-detention (control of prison inmates compared to Increased police personnel). the previous year by 5.4%
What is the average 14.3 length of detention months
Date: December 2017
Is there a classification of inmates according to their dangerousness? Yes.
The classification is based on the gravity of the offence committed. There are blocks with high, medium and low security. There are also special blocks for radicalized inmates. For security reasons the prison administration can establish informal blocks to protect inmates who have committed particular types of offences (e.g.sex offenders) or who are particularly vulnerable (e.g. transsexual inmates).
The classification of inmates is rarely revised.
The classification is, in most cases, automatic and depends on the type of offences committed. There are several detention regimes. The most restrictive is the 41-bis, followed by the Alta Sicurezza regime and finally the common, semi-opened regime. The degree of dangerousness is also taken into account.
For the 41-bis regime, the summonses/classification is reviewed every two years by the judicial authority. It is possible to request a revision before this period.
For the «Alta Sicurezza» regime, the decision is made by the Department of Penitentiary Administration. The decision is taken on the basis of several elements: needs for prison treatment, links with the reference criminal organisation, information obtained by the public prosecutor and the judicial authority, etc.
For more information see “Security Means”. 1- Ministry of Justice, “Prison population”, 31 December 2017 (in Italian) Prisons are overpopulated. 2- Antigone, “Annual Report”, 2017. (in The rate was 105.4% as of 31 December 2017 2. Italian)
8 The overpopulation does not affect certain prison facilities, but some facilities are more Physical integrity overcrowded than others. For example, the prison facility in Como shows an overcrowding rate of 200%, the one in Prison population Taranto of 190.5% 3.
Penitentiary system The European Court of Human Rights (ECtHR), an international court has sentenced the country because of its prison overpopulation. Daily life
The ECtHR concluded the violation of Article 3 (prohibition of torture) of the European Health Convention of Human Rights (ECHR) in 2009, in the case of Sulejmanovic v. Italy, linked Security to the lack of space in cells. The government granted special powers to local prison administrations and ordered the construction of 18 prisons. Discipline In 2013, Italy was once again the object of a finding of violation by the ECtHR for overcrowding Contact with the outside world and inhumane living conditions in the Torreggiani vs. Italy case. The court issued a pilot judgement that required Italy to enact reforms to reduce prison overcrowding. Access to legal rights A regulatory body has taken a stand on prison overpopulation. For more in-depth information In 2016, the Committee for the Prevention of Torture of the Council of Europe (CPT) visited Italy and stressed the fact that prison facilities were still overcrowded even if the Italian government had made efforts to reduce its prison population.
Italy’s prison population downward trend reversed in 2016 for the first time since 2010. The number of inmates increased to 57,608.
According to the observations of Antigone, the rise of prison population is not related to the number of offences registered that year. In 2016, there were 47,323 entries in prison, 1,500 more than in 2015. Nevertheless, there were 200,000 less offences registered than during the previous year 4.
One of the reasons that explain overpopulation is the overrepresentation of foreigners in prison (up to 38%). According to the submission of Antigone to the UN Committee against Torture in 2017, the main reason for overpopulation was the migration crisis that started in 2016.
Foreigners face harsher sentences and fewer alternatives to detention. As of August 2017, the rate of foreigners in pre-trial detention was higher than that of Italians (41.8% to 31.3%). Data provided by the Ministry of Justice show that the application of alternative measures to detention for foreigners is lower than for Italians. In 2017, only 17% of foreigners, out of the total number of inmates, received an alternative measure to detention. There is a slight increase of 0.7% compared to the previous year 5.
Prison cells can be individual, for two or three people and, in some rare cases, for seven to eight people. Their size varies according to the institutions. The area occupied by furniture and beds is taken into account. According to Antigone, some prison facilities still do not respect the 3-m²-per-inmate standard as it was defined by the ECtHR in the Torreggiani vs Italy case in 2013. Among the 86 prisons visited, ten were found out of compliance with the 3m²-per-inmate standard.
After the Torreggiani vs. Italy case in 2013, Italian authorities introduced new reforms that set out a wider range of alternative measures to detention. A system that promoted probation with rehabilitation programs over strict prison sentences was implemented. In 3- Ibid. 2013 there were 67,000 inmates for 45,000 operational places. 4- Antigone, ”One year in prison. XIV Report on detention conditions: press release”, 19 April 2018, p.4. The new reforms also reduced the average length of pre-trial detention and increased the number of days attributed to sentences’ adjustment measures for good behaviour from 45 5- Human Rights Committee, ”Concluding observation on the sixth to 75 days per semester. For foreign prisoners, the last two years of the prison sentence periodic report on Italy”, 1 May 2017, p. 6 were replaced by compulsory expulsion to the country of origin. The penalties for drug- 6 6- Antigone, “Submissions to the UN related offences possession of small quantities of drugs were also reduced. Committee against Torture concerning Italy”, 6 November -6 December 2017, p.12 One more measure was the messa alla prova, introduced for crimes penalized with no
9 more than four years of detention. The convicted person had the possibility to require Physical integrity the suspension of criminal proceedings. If the request was accepted, he/she would be put on probation under the supervision of social services and under a special program, which Prison population compelled the reparation of the damage caused 7.
Penitentiary system
omen Daily life W _ Number and percentage Health of female inmates 2,402 4.2%
Security Date : December 2017 Source : Antigone 8 Discipline Change in number 2,285 were incarcerated in 2016. In 2017 the Contact with the outside world of female prisoners increased by 5.6% number increased by 130 inmates 9. compared to the previous Access to legal rights year
For more in-depth information Date: December 2017
Percentage of foreign Percentage of women in 17.9% female incarcerated/ pre-trial detention 4.5% 430 women prisoners Date : December 2017 Date : December 2017 Source : Instat 10 Source : Instat 11
There are four female prisons and 150 blocks in male prisons.
Women prisons are overpopulated. The occupancy rate is 105.3%.
Some female facilities are more overcrowded than others. For example, Pozzuoli prison has an occupancy rate of 130%. One cell, designed for five inmates,was accommodating 13 women in January 2017. In Rebibbia prison the occupancy rate is 119%.
All the facilities, units or cells, do not respect the separation between men and women.
Untried female prisoners are separated from convicted ones.
The prison staff is exclusively female.
Conjugal visits are not allowed.They are not contemplated in the law . For more information, see “Visits”.
The law provide for a sentence adjustment for pregnant women or women with young children.
Pregnant women can have alternative measures to detention (e.g. home detention).It is possible to execute the pre-trial detention (not more than 18 months) at the inmate’s domicile or another address. Women with children under the age of 10 can benefit from sentence adjustment if they have served 1/3 of their sentence. Women convicted to a life sentence are eligible for 7- Antigone, “Submission to the UN Committee FINAAgainst Torture sentence adjustment after having served 15 years. Concerning Italy”, 6 November -6 December 2017. Pregnant women are housed in specific units or cells, in some cases. 8- Antigone, “Annual Report”, 2017. (in Italian). The law does not provide for the placement of pregnant women in a special block or cell. The decision is made on a case-by-case basis. 9- Ibid.
10- Istat, “Prison population held in Italian institutions”, 2017 Pregnant women receive proper prenatal care. 11- opt.cit. Article 19 of the penitentiary code provides for a specialized medical care for pregnant
10 Physical integrity women in prison.
Prison population In practice, it depends on the stage of the pregnancy. If the prison staff can provide care, the pregnant woman usually stays in prison. Penitentiary system There should be a wing for pregnant women and women with children. Pregnant women might, in reality, remain in a regular wing up to a certain stage of the pregnancy. They can Daily life also receive a temporary suspension of the sentence or be sent to a hospital and remain there up to a certain moment after the pregnancy. Health
Security It is preferred that childbirths take place in an external facility.
Discipline Information about the use of restraints (handcuffs, shackles) on women during childbirth has not been reported in the previous year. Contact with the outside world Information about any member of the penitentiary administration has not been presented Access to legal rights during recent childbirths.
For more in-depth information Children stay with their mother up to 3 years old.
There are specific units or cells to accommodate mothers with young children. Women with children are accommodated in ICAMS (Istituto a custodia attenuata per detenute madri) or in prison nurseries. In 2017, there were 58 women with 70 children. Whilst these facilities are still prisons, there are no barriers and guards wear civilian clothing to ensure the emotional wellbeing of the children.
Prisons provide for a nursery or other specific childcare accommodations.
Offences against property, against persons and drug-related offences, followed by those against the administration of justice, public faith and public administration. Out of 7,106 inmates convicted for mafia association, 134 were women. Out of 97 women detained for prostitution offences, 86 were foreigners.
Men and women are never placed in the same sections. As a general rule, Italy does not have any problems related to abuses by male prison police officers.
The staff is exclusively female.
Prison staff in not specialized in gender-focussed issues and there is no central office dedicated to protecting the rights of women in prisons. Hygiene conditions are often inadequate and there is no guarantee of essential provisions, including tampons or gynaecological care.
According to the National Guarantor, women do not have a large variety of job offers; they tend to respond to gender stereotypes: cooking or sewing. Men benefit from more job opportunities (e.g. printing activities).
The security staff is dressed in civilian clothes in presence of children.
Cells that host minors are most often open. In general, they are also decorated and equipped for children.
Juveniles _ The Ministry in charge of juveniles is The Ministry of Justice – Department of Juvenile Justice and Community.
A minor can be incarcerated at 14 years old.
11 Physical integrity The authorities publish official statistics on incarcerated minors on a regular basis. Prison population
Penitentiary system Number and percentage of incarcerated minors 425 0.73%
Daily life Date : December 2017 Source : Ministry of Justice 12 Health
Change in number of Security decreased incarcerated juveniles by 14.3% Discipline compared to the previous year Contact with the outside world
Access to legal rights
There are specific facilities, units or cells reserved for minors : 17 IPMs. For more in-depth information
Juvenile prisons (IPMs) are dedicated to “young offenders” (aged 14-18) and “young adults” (aged 18-25) who commit offences while underage.
Boys are separated from adult male prisoners in most cases.
The law states that there should be a separation between adults and those under 25 years of age. The separation between the two groups depends most of the times on the facility’s capacity and can occasionally be infringed. This situation can create tensions between the two groups.
Girls are separated from adult female prisoners, in most cases.
Minors can be housed in individual cells in some cases. As a general rule, providing an individual cell to each minor is not considered as an objective to be achieved. This decision can sometimes be made if the staff considers that a minor should be placed in an individual cell. In general, this can be for reasons of order or for the well-being of minors with specific needs.
Minors have access to education. Young offenders detained in IPMs are generally offered schooling (e.g. literacy courses for foreigners) and the opportunity to attend university level classes, vocational training and other types of activities. The offer varies according to the IPM. Nisida, Bari and Palermo prisons are known for proposing a more enriched program of activities than other facilities that count with fewer resources.
The law does not prohibit strip searches for minors.
The law does not forbid solitary confinement for minors. Solitary confinement can be applied as a disciplinary sanction.
Minors are judged by juvenile courts. There are special prisons for minors who committed an offence between 14 and 18 years of age. They stay there until they reach the age of 21, when they are transferred to an adult prison. The penitentiary administration for minors is separated from the one that deals with adults.
They benefit from non-custodial sentences, alternative measures to detention can be applied: probation, assistance by social services, semi-detention or early release. 12- Ministry of Justice, “Flussi di utenza degli Istituti penali per i minorenni Situazione Nazionale”, 2017. (in Italian) In 2017, the 66 minors out of the total number of minors under the youth offenders service 13- Ministry of Justice, “Flussi di utenza were under alternative measures in the community, one minor was under conditional degli Istituti penali per i minorenni release, 53 minors were in home detention 13. Situazione Nazionale”, 2017. (in Italian)
12 Incarceration should be applied as a last sort. All minor offenders are placed in special Physical integrity institutions named IPMs. Some institutions are in bad conditions, like Quartucciu prison. The reconstruction of one Prison population of the three blocks was abandoned since 2007 due to lack of funding; prison cells are cold without heating; the common area is used as canteen and the facility lacks furniture. Penitentiary system The detainees in Acireale prison and Catania prison have the right to personalize their own cells. Daily life In order to reduce the trauma of minors and young adults, prison staff does not wear uniforms. Cooperation with social bodies, schools and local authorities is established. Health
Security Any death or ill-treatment has not been reported.
Discipline The admission in a penitentiary facility take into account the maintenance of family ties of the minor. Contact with the outside world It may happen that short sentences do not allow children to been rolled in courses. Access to legal rights Nevertheless, education is mandatory for minors. According to Antigone, in all the IPMs visited there was a primary school and literacy courses for foreigners. In addition, there For more in-depth information are also secondary education courses. These courses are given by teachers or professors from colleges/secondary schools or by regional CPIA (Provincial centres for education of adults).
Starting from 16 years of age, minors can choose either to continue education, begin to work or be enrolled in professional training courses. These courses give the possibility to obtain certificates attesting the skills acquired. The courses taught can be cooking, baking or jewellery, made in Milan prison, gardening and farming, carpentry workshops and crafting activities, courses on electrical systems and construction activities (e.g. in Acireale prison).
Minors have an access to various activities. For example, in Acireale prison minors do sport six hours per week and receive personalized training at the gym. Sports competitions and collective games are sometimes organised.
The music project “Power of Words” was organised in 2016 in the Cesare Beccaria prison in Milan. The project consisted in a series of rap workshops, concerts, meetings with writers or working in the prison’s library.
In Bologna prison, the “Pratello” theatre promotes the social integration of incarcerated minors and adults in difficulty through drama, writing and all forms of creative arts.
The Social service for minors (USSM) provides social assistance for minors while they serve their sentence.
The system for minors is generally considered more suitable than that for adults, but deficiencies are still to be found. The guarantee system is more developed than that of adults. The living environment is more outward looking. Prison officers do not have specific training in the supervision of minors.
Outside organisations can intervene with minors. For example, in Acireale prison a project with the association Youth and School, named “Un pallone di Speranza”, aims to teach boys various rules and aspects of football. In Malaso di Palermo prison a bakery was opened with the help of association Rigenerazioni Onlus. The aim was to give work opportunities and prepare minors to become skilled and independent workers after their release from prison.
Foreigners _
Number and percentage of foreigners in detention 19,745 38.3%
Date : December 2017 14- Ministry of Justice, “Foreigners”, 31 Source : Ministry of Justice 14 December 2017. (in Italian)
13 Change in number of Physical integrity increased foreigners incarcerated by 6% compared to the Prison population previous year
Penitentiary system Date : December 2017 Source : Ministry of Justice 15 Daily life Foreigners can benefit from legal assistance. They have the same rights as Italian citizens. Health To benefit from a legal aid of the State, foreigners need to respond to certain criteria. Security Fornon-EU nationals, the consulate must certify that the applicant’s income is insufficient even in the country of origin (11,500 Euros). The consular authorities’failure to timely Discipline proceed with the certification may constitute an obstacle to the applicant’s access to legal defense 16. Contact with the outside world Foreigners can be assisted by an interpreter, but due to lack of funding access cannot be Access to legal rights provided in many cases. There is a lack of translators and cultural mediators. Prison staff sometimes have problems For more in-depth information communicating with foreign inmates.
Foreigners can be detained for illegal residency only administrative detention.
Foreigners can be deported from the country after their liberation. Expulsion can be a form of alternative measure to detention. It can be applied as an additional penalty that begins after the person has served the penal sanction 17.
Foreign inmates have the right to work. Italian legislation mentions that all inmates have this right.
The most common nationalities are Albanians (13.2%), Moroccans (18.8%), Romanians (13.1%) and Tunisians (10.8%). Women come from countries such as Romania (25%), Nigeria (21%), Bosnia (5%), Morocco (4%), Brazil and Bulgaria (3%).
Foreigners represent 31% of the total number of prisoners who have committed crimes against the person. They are also convicted for minor offences (drug or prostitution- related crimes, as well as violation of immigration laws). 1.1% of foreign inmates are convicted for criminal association with the mafia18 .
Sometimes the right to worship is discriminated. The prison administration often does not provide religious assistance to foreign prisoners who practice a different cult than Catholicism. Muslim prisoners often do not have adequate spaces for religious practices. In most cases, such religious assistance is provided on voluntary basis by external participants. For more information see “Religion”.
Foreign inmates have the right to make international phone calls, but all foreign numbers have to be verified by the penitentiary administration. For more information see “Correspondence and Phone Calls”.
If visitors come from abroad, the length of the visit can be extended. However, the decision depends solely on the will of the penitentiary administration. 15- Ministry of Justice, “Foreigners”, 31 The relatives of foreign minors do not have a special regime of visits. December 2017. (in Italian)
16- Ministry of Justice, “Practical According to the observations made by Antigone, if a foreign community settles in Italy information: legal aid in criminal for a long period the incarceration rate of persons from this community will be lower than proceedings”, 23 March 2018. (in Italian) that of communities that have settled recently. The reason is that the community becomes 17- Ministry of Justice, “Charter of an integral part of the Italian society. Consequently, the risk for its members being jailed Prisoners and Internees Rights and Duties”, 2012, p.20. decreases. Chinese, Filipinos and Ukrainians have incarceration rates almost the same as that of Italians. The incarceration rate of Moldovans, Romanians and Ethiopians is only 18- Antigone, “Annual report”, 2017. (in Italian). slightly higher.
14 People convicted to long prison sentences _ Physical integrity Number and percentage of people convicted to Prison population 18,387 32% long sentences As of 31 December 2017, 37,451 prisoners had been formally sentenced Penitentiary system Date : December 2017 Source : Ministry of Justice 19 (2,051 more than in 2016). 1,735 of them were serving a life sentence; 454 were still serving a sentence of more than 20 years; 2,330 were Daily life serving a sentence of between 10 and 20 years; 5,378 were serving a sentence of between 5 and 10 years and 6,593 were serving a sentence of between 3 and 5 years; 7,176 were serving a residual sentence of Health between 1 and 2 years and 8,198 were serving a residual sentence of less than one year. Security
Discipline Change in number of increased Contact with the outside world people condemned to by 4.9% long sentences compared Access to legal rights to the previous year
For more in-depth information
Five years would be the formal definition of a long sentence, but a person with a 10 to 15 years sentence has a different detention regime. This distinction is only made based on the type of facility that inmates are placed in. Inmates are placed in a specific facility for long sentences if they are sentenced to five years or more.
In reality, there is no legal definition of a long sentence. Antigone considers a sentence that exceeds three years to be long.
Sentences can be cumulated. For example, Toto Riina, an ancient chief of the Cosa Nostra, was condemned to 26 life sentences.
Number and percentage of people condemned to 1,735 3% a life sentence 900 do not have a real possibility to be released. Date : December 2017 Source : Ministry of Justice 19
Change in number of increased people condemned to a by 2.8% life sentence compared to the previous year
People condemned to a long sentence are separated from the other inmates if they are considered as dangerous.
It is possible to extend the sentence imposed. The casa di lavoro (CL) and colonia penale (CP) hold persons who have completed prison terms but remain detained for security reasons. There is one CL in Vasto, which held 161 prisoners in 2017. The CP of Isili was transformed into a casa di reclusione, a facility for long sentences, in 2016.
Inmates who execute long sentences are placed in case di reclusione. This distinction can be blurred when facilities are overcrowded.
Job opportunities are allocated to people with longer sentences.
19- Ministry of Justice, “Detenuti For more details on the security regimes under which some people executing long sentences condannati per penainflitta”, 31 December 2017. (in Italian) are placed, see “Security Means”.
15 The crimes punishable with a life sentence are, amongst others: murder, attempts against Physical integrity the President of the Republic, terrorism, criminal association with the mafia
Prison population The detention regime is similar to that of inmates who execute long sentences. This regime Penitentiary system is not officially provided for in the law. Single cells are provided to persons executing life sentences. Daily life Solitary confinement from six months to three years is imposed to offenders who committed several crimes. Health There is a special detention regime for organised crime offences, terrorism or mafia that is called regime 41-bis. The system was specifically intended to cut off inmates from their Security former criminal associates.
Discipline Lifers can make an appeal if a new piece of evidence is found. This provision applies to every person who faces a criminal conviction. Contact with the outside world Inmates that show good behaviour may request a sentence adjustment after 26 years of Access to legal rights sentence served. For more in-depth information If a person was condemned for specific crimes like mafia or terrorism, he/she can have penalty adjustment only if he/she cooperates with the justice system. If an inmate cannot provide information to the justice system, he/she becomes “actual lifer” or ergastolo ostavivo.
Persons in pre-trial detention _ Number and percentage of untried prisoners 9,634 16.7%
Date : December 2017 Source : Ministry of Justice 20
Change in number of untried prisoners increased by 3.1% compared to the previous year
The separation between untried prisoners and convicted people is effective. The separation between different categories of inmates is not respected at times due to prison overcrowding. Only prisoners formally sentenced can be the object of formal penitentiary treatment.
In many case circondariali21 prisoners have to undergo a harsher penitentiary regime with almost all time spent in closed cells (up to 23 hours per day).
Liberation on bail is not possible.
The maximum legal duration of pre-trial detention is respected.
Untried and convicted prisoners are separated.
The duration of pre-trial detention is limited. It cannot be longer than two years for criminal offences punished with imprisonment up to six years. A four-years pre-trial detention period can be applied for criminal offences 20- Ministry of Justice, “Detenuti punished with sentences of up to 20 years. Six years may be applied to even more serious presenti per posizione giuridica”, 31 December 2017. (in Italian) offences.
21- Case Circondariali (CC) hold pre- trial prisoners/remand prisoners and It is not possible to apply a pre-trial detention measure if the judge does not consider that prisoners with short sentences. the final conviction will be longer than 3 years or if the criminal offence is punished with 23- Antigone, “The practice of pre-trial a maximum sentence of 5 years, excluding offences related to illegal financing of political detention in Italy: research report”, parties 23. September 2015, pp.15-17.
16 In general, there is an excessive use of pre-trial detention. Close to 35% of inmates are Physical integrity awaiting trial. As of 31 December 2017, nearly 10,000 inmates had not yet received a first conviction. Ten thousand others had not received a definitive conviction. Prison population In 2015 Italy was attributed a violation of the ECHR by ECtHR for excessive use of pre- Penitentiary system trial detention in the case Gallardo Sanchez vs. Italy. Mr. Sanchez was placed in pre-trial detention while awaiting his extradition to Greece. He was detained for one and a half year. Daily life The ECtHR considered this measure unlawful because Italian authorities did not sufficiently prove the grounds for such a long pre-trial detention period. Health
It is possible to appeal against a decision of pre-trial detention. The defence can make an Security appeal against the measure applied. Appeals tend to be more effective than first decisions. Detainees can ask for a revision of their status at any moment. Important information can Discipline be better taken into account during the appeal because first decision stend to be made Contact with the outside world rapidly. In many cases, lawyers do not have enough time to prepare the defence.
Access to legal rights Pre-trial detainees should be placed in special blocks or prisons named casa circondariale. Sometimes this provision is not respected in practice due to prison overcrowding. For more in-depth information Conditions vary from one facility to another. In general, case circondariali are more problematic than case di reclusione (for sentenced inmates). This is mainly due to the fact that facilities for pre-trial detention face a higher turnover and tend to be more overcrowded.
Detainees in pre-trial detention do have very limited access to work in prison. Priority is given to inmates who have already been sentenced. This is done in spite of the fact that this type of detention often lasts several years. Communications with the outside world, whether by telephone or through visits, must be authorised by the judicial authority (and not by the prison warden).
Ethnic groups _ Gathering of information about ethnic group and religion is allowed.
Inmates should not be placed according to their ethnical background unless security needs require it. In practice, there is a tendency to hold inmates of the same ethnic origin together. Prisons are often filled with small groups that can be hostile against each other24 .
‘Radicalized inmates’ are separated from the rest of the prison population in order to avoid proselytism.
Official statistics include Italians and foreign prisoners. Subgroups identifying regional origins and different nationalities also exist. The most represented nationalities are Moroccan, Tunisian, Albanian, Romanian and Nigerian. These are the groups most represented among migrants. Their high presence in prison is obviously one of the consequences of marginality in society and the lack of adequate integration policies.
LGBTI persons _ LGBTI persons can not be imprisoned because of their sexual orientation or their gender identity.
LGBTI persons are detained separately from other inmates in many cases. Protective solitary confinement is not contemplated by Italian law. However, it is frequently used in order to protect LGBTI inmates.
The problems LGBTI prisoners face concern mainly the lack of space, activities and work opportunities. Cases of physical violence are sometimes brought to light.
LGBTI inmates are often placed in blocks assigned to inmates who have committed serious 24- Cinelli Virginia, “Radicalization in prison: Italian case”, in Sicurezza criminal offences (e.g. violence against children, sexual violence) or inmates who belong to Terrorismo Società, n°7, 2018, p.94. a particular category (e.g. police forces). In order to protect them from other inmates, they 25- Antigone, “Submission to the UN are often excluded from all activities and do not even take part in religious celebrations. Committee Against Torture concerning They find themselves in a de facto solitary confinement regime25 . Italy”,2017,p.16.
17 Female transsexual persons spend their sentence in prison facilities for men. Physical integrity
There is no legislation that ensures hormone treatment for transsexual persons in prison. Prison population They can, since recently, ask for a shipment of hormones upon arrival in prison. Penitentiary system In general, sexual practices are not allowed in prison. They may be punished as ‘‘obscene Daily life acts in public places’. This does not mean that there are no sexual practices in prisons. Antigone considers that authorities intentionally ignore this reality. Health Current Italian legislation does not take into account specific conditions and needs of Security LGBTI inmates. They are very often not acknowledged by other inmates or by the prison staff. Discipline The National Guarantor considers that LGBTI segregation from other inmates leads to the Contact with the outside world violation of their dignity. It is important to find, as much as possible, alternative measures to imprisonment. While visiting the LGBTI block of Triveneto and Gorizia prisons, the Access to legal rights delegation noticed that LGBTI inmates were being placed under solitary confinement and were therefore being denied the possibility of rehabilitation 26. For more in-depth information
Political prisoners and prisoners of conscience _ Individuals cannot be detained because of their political opinions in Italy.
The elderly _ Number and percentage of elderly inmates 4,476 7.7% (+60 years) Date : December 2017 Source : Ministry of Justice 27
Change in number of elderly inmates increased compared to the by 11.8% previous year
The prison administration does not keep a specific register listing elderly prisoners.
Elderly inmates do not benefit from any specific treatment or accommodation based on their needs. In Bollate prison, young inmates are employed by the penitentiary administration in order to help fellow elderly inmates on their daily life 28.
The law does not provide for any special regime for the elderly. Their situations are handled on a case-by-case basis.
Medical care is not considered adequate. Prison nurses are often not equipped to deal with complex diseases. The health of elderly inmates tends to be rather delicate. A simple fever can cause much more complications among elderly inmates than among adults.
26- National Guarantor for the Rights of For example, an elderly inmate from Bollate prison (Milan) requested in several occasions Persons Detained or Deprived of Liberty, “Report to Parliament”, 2017, p.85. to see a doctor without receiving a proper response to his request. He was later diagnosed with cancer and passed away because the treatment he received was administered too 27- Ministry of Justice, “Prisoners by 29 age”, 31 December 2017. (in Italian) late .
28- “Nel carcere di Bollate, trai detenuti più anziani”, in Minima&Moralia, 7 June The law provide early release for seniors. According to provisions in Italian law, starting 2017. from the age of 70 inmates have the right to replace their sentence with an alternative 29- Ibid. measure, like house arrest. However, these measures are not applied frequently in practice due to strict conditions of eligibility e.g. they cannot be applied to recidivists or persons 30- Ibid.
18 convicted for mafia-related crimes30 . Physical integrity Toto Riina, 86 years, was imprisoned under the 41-bis regime and condemned for ordering or carrying out murder in 1992. He became seriously ill with heart problems and a renal Prison population cancer since 2011. In June 2016, his lawyer requested to change his prison regime. The request was rejected. Penitentiary system Toto Riina never obtained his early release. He died in a hospital block reserved for Daily life prisoners in Parma.
Health Persons with disabilities _ Security Penitentiary facilities are adapted to the needs of inmates with disabilities in some establishments. Discipline According to Antigone, only 30% of the visited facilities had the necessary infrastructures for persons with disabilities (Antigone visited 86 out of the 190 prisons of the country) 31. Contact with the outside world There are only two prisons, Bari and Parma, that have departments for physical and motor Access to legal rights disabilities 32. For more in-depth information Prison staff is trained to take care of inmates with disabilities. The Ministry of Justice organises different training courses in order to improve the daily care of persons with disabilities. More than half of the disabled inmates are placed in inadequate facilities, with inadequate space and services. In Bari prison, inmates receive training courses in order to give help and care to fellow inmates with disabilities. They are employed by the penitentiary administration to provide this care 33.
Some prisoners with disabilities are incapable of autonomously perform daily tasks: Inmates with spinal paralysis or partial mobility 34.
For more information about access to health care see section “The health“.
31- “Otto cose sulle carceri italiane”, in Post, 20 April 2018.
32- Antigone, “Annual Report”, 2016. (in Italian)
33- Ibid.
34- Ibid.
19 Physical integrity PENITENTIARY SYSTEM Prison population Organisation _ Penitentiary system Total number of 190 for adults 4 for women only Daily life prison facilities 16 for minors The website of the Ministry of Justice provides information on each prison facility (capacity, Health prison conditions, work, activities, educational and training courses). Antigone publishes information about its visits to different prison facilities. Security
Discipline Total capacity 50,499 Contact with the outside world Date: December 2017 Access to legal rights Source: Council of Europe 1
For more in-depth information Change in capacity compared to the increased In 2016, there were 50,228 places. previous year by 0.5%
The penitentiary system includes units or facilities designated “supermax” or with a high security level. In Italy there are seven prison facilities with high security levels. Prisoners under article 41- bis are often placed in high security blocks.
The prison system has not penitentiary complexes with more than 5,000 places. The biggest is Poggioreale prison (Napoli) with 1,659 operational places. The prison accommodates 2,133 inmates 2.
Prison facilities are located on the outskirts of the cities. Prisons were progressively moved from urban to rural areas after the second half of the last century.
No new facilities opened during the last year. But additional places were created in some facilities, for example 200 in Caltagirone and 97 in Nuoro 3.
No facilities closed during the last year. Savona prison was closed in January 2016.
No new facilities under construction, only additional blocks. 200 new places should be opened in Parma and in Lecce prisons in 2018.
Building sites are under public-private partnerships (PPT) by tendering offers. The project of building a new prison in San Vito al Tagliamento (300 places) should be approved in 2018.
The negotiations concerning the construction of a new prison in Bolzano and the construction of 220 additional places are currently on hold.
Tendering offers are being negotiated to restructure Milano’s San Vittore and Napoli prisons. The project to restructure Livorno’s prison has been suspended 4.
Renovation works are not involved in international partnerships (architectural, financial, logistical).
Italian prisons have different capacities. Most facilities have between 100 and 500 places.
The biggest is Poggioreale prison (Napoli) with 1,659 places and the smallest is Grosetto prison, with capacity for 14 inmates when actually holding 24 persons.
20 There are many institutions that had other functions before they became prisons (e.g. Physical integrity former convents, etc.). These are generally the oldest buildings, some of which date back to several centuries. Prison population The IPM in Bologna is an ancient monastery with structural problems (narrow corridors; Penitentiary system lack of space for common areas). Moreover, the building is a cultural heritage site and this complicates any project that might seek to bring structural changes. Daily life
Health Some blocks have been renovated and others are in dilapidated conditions. Some prisons were built in the XVIII century but are in general good conditions, whereas some new Security facilities are in poor conditions because there have been no renovations.
Discipline There are special blocks for radicalized inmates. Inmates condemned for Islamic terrorism are subject to a special and restrictive detention Contact with the outside world regime (named AS2). LGBTI inmates can be hold separately from other inmates in blocks for serious criminal Access to legal rights offenders. There are also special blocks for inmates who show drug dependency in order to create a For more in-depth information positive environment without criminogenic influence.
Staff _ 60 guards Number of guards 38,514 Guard to inmate ratio per 100 inmates Date : December 2017 Date : December 2017 Source : Ministry of Economy and Source : Antigone 6 Finance 5
Number of social and Social and education 1 educator education workers 894 worker to inmate ratio per 64 inmates Date : December 2017 Date : December 2017 Source : Antigone 7 Source : Antigone 8
Change in number of guards compared to the decreased by 13% previous year
Officers of penitentiary police have their owntrade union.
Prison guards, social workers and educators respond to the central prison administration. Health workers are all under the responsibility of regional medical authorities.
There are ten training schools for security and administrative prison staff. The General Directorate of Personnel and Training Office offers initial training and delegates some courses to the regional school boards. In order to organise professional trainings, there is an annual plan for professional training of the prison administration.
There is a special master’s degree in Prison Act and the Constitutional Charter (in collaboration with the university of “Roma Tre”). This programme includes trainings within 5- Ministry of Economy and Finance, “Il the Italian prison system and the possibility to implement new technologies during the budgeto dello Stato per il triennio 2017- execution of the sentence (e.g. electronic tagging). 2019”, February 2017, p. 142. (in Italian) There is also practice of professional skills, e.g. skills required to prevent radicalization and 6- Antigone, “Submissions to the UN to implement the solutions to reduce it 9. Committee against Torture concerning Italy”, 2017, p.17
7- Ibid. The right to strike is protected by Article 40 of the Italian Constitution. Officers of the cannot participate in strikes while on duty for security reasons. 8- Ibid. penitentiary police On 7 December 2017, agents of the penitentiary police organised a strike in front of the 9- National Guarantor for the Rights of Persons Detained or Deprived of Liberty, Ministry of Justice to protest against difficult working conditions and demand reforms “Report to Parliament”, 2017, p.66. within the prison administration.
21 The sentence should provide individualized treatment for the inmate, carried out by a Physical integrity team of socio-educational professionals. In practice, the prison administration does not allocate sufficient means to respect this objective. Prison population There are around 900 educators for a population of almost 60,000 prisoners, a low number Penitentiary system compared to the European average.
Daily life The prison educator is appointed through a competitive examination. It is necessary to have a higher education degree. Health
The internal management of institutions is not left to the inmates. Security
Discipline
Contact with the outside world
Access to legal rights
For more in-depth information
22 Physical integrity DAILY LIFE Prison population Cells and their equipment _ The law specify a minimum surface area per inmate : 9m² in individual cells and 5m2 in Penitentiary system multi-occupancy cells. Daily life This standard is not respected in practice. Prison authorities set a threshold of 3 to 4m2 per person. This was done after several findings of violations from the ECtHR in cases Health where the space provided was below these measures, such as Torreggiani v. Italy. Security 16% of the prison population (i.e. 9,267 prisoners) were accommodated in cells of less than 1 Discipline 4m2 of living space per inmate as of April 2016 . The furniture is included in the measure of the surface per inmate. Contact with the outside world Inmates are housed by 3-6 persons per cell. Access to legal rights Despite laws requiring single or double cells, many inmates are still placed in dormitories For more in-depth information because of the overpopulation. For example, a cell built to host one person can accommodate three people.
Placement in individual cells can be used as a disciplinary sanction or to reduce the possibility of self-harm and dangerousness of inmates with psychological disorders.
All prisoners are provided with a bed and a mattress, and cells are usually equipped with chairs, tables and wardrobes.
There is no strict regulation of window sizes. Windows should be wide enough to provide sufficient light.
The windows can be opened entirely. Additional bars or grids are always present.
Natural lighting does not allow inmates to exercise and carry out activities. Windows are narrow in order to prevent prisoners from throwing objects through them. They are often covered by mesh and an artificial light is switched on during the day. For example, the National Guarantor, during his visit to Teramo prison in 2017, noticed that in high security blocks the windows of cells and common areas were shielded, which reduced significantly the passage of natural light and air.
Cells are not equipped with heating or air conditioning. Many cells are made of concrete, which makes them very cold during winters and very hot during summers. They are not equipped with air-conditioning. According to the observations of Antigone, heating inside cells is insufficient in some prisons and they lack hot water and showers.
Inmates have not an extra electric light. They are allowed to install one by themselves.
Cells are well equipped with all necessary items. Prisoners are all provided with a bed and a mattress and cells are usually equipped with chairs, tables and wardrobes. Inmates with mental disorders can be placed in a cell without furniture in order to prevent self-harm. See also “Solitary confinement”.
It is not prohibited to smoke in cells: only e-cigarettes.
The placement in cells is chosen on the basis of the needs expressed by the inmates themselves, but decisions are ultimately made on a discretionary basis. The judicial authority may require the ad-ministration to prevent contact between certain prisoners. Inmates should be separated according to their legal status. Overcrowding often com- promises this legal obligation. Finally, young adults (up to 25 years of age) are almost never placed in separate cells from other adults.
23 The conditions within the most ill equipped and best-equipped cells. Physical integrity The Caltagirone prison was built in 2002. Cells are generally in good conditions. They Prison population usually accommodate two, three or five prisoners. They are all well above 3m2 per person, some with bunk beds on two levels, others with normal beds. They are equipped with a Penitentiary system small kitchen and a bathroom. Toilets are separated and there is a shower with hot water. Except for some small infiltrations of humidity, the conditions are good. Daily life The Busto Arsizio prison was built in 1985. Some sections have been refurnished but the Health facility is rather in precarious conditions. The main applicants in Torreggiani vs. Italy case were serving their sentence in this prison. Cells are very small (less than 3 m² per person). Security The only kitchen is in poor conditions: the floors are damaged and in many places the wall and floor tiles are missing. Discipline There is no adequate cold room. Moreover, the only refrigerator showed an internal temperature of more than 14 degrees, which is not appropriate for food storage. Contact with the outside world Showers are not equipped with hot water and can only be accessed at a particular schedule.
Access to legal rights The only formal way in which prisoners can improve their living conditions is through the For more in-depth information prison canteen and the reception of food parcels.
Food _ The price of meal 5 euros Number of meals 3 for adults per inmate per day per day 4 for minors The CPT noticed, during a visit to Genoa Marassi and Turin prisons, a problem with the provision of evening meals on Sundays 2.
Drinking water is available in most facilities.
The National Guarantor (NPM) noticed there was no access to water in some prison facilities. For example, during a visit to Santa Maria Capua Vetere prison in 2016, there was no connection to the source of water. Inmates received water in small quantities (two litres per person and per day). This situation lasted for several years and created tensions between inmates during summer.
From 3 to 9 November 2017, the NPM visited Nuoro prison. The delegation noticed that the quality of drinking water was inadequate because of the deterioration of the water pipes. Water samples for examination were collected. During a visit to Umbria Marche prison (2018), the delegation noticed that the facility was lacking drinking water. The prison administration was interrupting the access for five hours per night because the facility was being renovated 3.
Special diets are respected (for religious, health, or cultural reasons). During Ramadan, Muslim inmates are allowed to eat after sunset and they are given raw food that can be prepared at night.
Meals are prepared by prison staff and external companies (who employ inmates). The prison administration is responsible for food provision.
Meals are not considered sufficiently varied.
Meals are distributed at a standard time.
Inmates take their meals in their cells.
Inmates can buy food products. Inmates can purchase goods, including food and beverages, from the list provided by the warden (Ufficio Matricola), in the prison shop (run by an external company).
The prices of food products are same as outside, but varies depending on the facility.
24 Prices are compared to those in nearby supermarkets and should be monitored by the Physical integrity municipality. There are many complaints about high prices, low quality and limited choices in these prison shops. Prison population Inmates can cook for themselves. Penitentiary system It is allowed but not compulsory. Cells may be equipped with a portable stove.
Daily life There are not refrigerators in cells 4. Health Cells are not equipped with a suitable hotplate 5. Security Visitors can bring food products. Discipline Nutritional standards are defined by the National Health Department. A commission of Contact with the outside world prisoners supervise meal quality and preparation. Compliance with these nutritional standards varies from prison to prison. Access to legal rights The menus are varied. Religious diets and other requirements are taken into account. The For more in-depth information quantity, quality and variety are considered good.
No diseases related to poor food quality been reported.
Hygiene _ Inmates have access to a water source inside the cell.
Showers are situated in a separate location from the cells. Especially in the showers where there is a cold and humid environment.
The penitentiary administration provide hygiene products. According to the law, toilet paper, cleaning products and sanitary napkins for women must be supplied. However, this provision is not respected due to the lack of funding. Volunteers often help by purchasing needed products.
The prison authorities supply cleaning products.
Bed linens are changed on a regular basis. Bed linens are usually changed weekly or at least bi-monthly. Many prisons have internal laundry services, which usually offer work opportunities for inmates. Prisoners can also use the laundry services to wash their own clothes.
Inmates do not wear an uniform. Inmates are allowed to receive clothes from family and volunteers. Nevertheless, the law states that the prison administration should provide clothes to destitute prisoners. In order to avoid class differences to emerge, expensive clothes are not allowed in prison. There is also a barber and hairdressing service for men and women.
The presence of pests has been reported in some facilities.
The organisation of showers. The rules vary depending on the facility, unit or even cells within the same prison. When showers are located inside the cells, hygienic conditions are generally better (cleaner and with less humidity). However, showers are mostly collective. Out of the 86 facilities visited by Antigone in 2017, 50 had no showers inside the cells.
Inmates can take showers two or three times per week. They must queue for long periods before they can shower. In some cells, there is no running water during summer.
In Teramo prison, showers in the female block are accessible at a strictly defined schedule, from 8:30-11:30 and 14:30-15:30, slots of time that overlap with those scheduled for the
25 walk in the country yard. The shower room in the prison is in poor conditions, there is Physical integrity mould on the walls and no ventilation due to lack of windows. There is no hot water.
Prison population In Taranto prison the conditions are deplorable; there are mould and damp stains on the showers walls. Penitentiary system
The state and functioning of toilets. Daily life According to Italian legislation, toilets should be placed separately but within the cells. Antigone’s delegations have monitored facilities were these provisions are not respected. Health
The toilets are usually in a separate area from the one where the prisoners sleep. However, Security in four other facilities visited by Antigone in 2017, there was only one low wall as a separation. Discipline Inmates are expected to clean their own cells. Collective areas are cleaned by the inmates Contact with the outside world appointed by the prison administration. These tasks are considered as work.
Access to legal rights The organisation of waste management differs from one facility to another. Reports from health authorities and from Antigone itself do not indicate any problems related to waste For more in-depth information management. Waste sorting is also very common.
Health problems are generally related to the dilapidated state of the facilities, which sometimes do not have heaters and present water infiltrations. There is a risk that, over time, inmates can develop rheumatism and other diseases.
For more information related to the specific needs of women see the section Women“ “.
Activities _ Number and percentage of inmates that participated in socio- 29,246 50.8% cultural activities in the previous year Date: December 2017 Source: Ministry of Justice 6
Number and percentage of inmates that participated in sport 15,277 26.5% activities in the previous year Date: December 2017 Source: Ministry of Justice 7
The penitentiary administration organise activities in most facilities. The quality and the number of activities depend on various factors: the goodwill of the warden, the participation of external actors, the presence of volunteers and the attitude of local institutions. There are prisons with well-organised activities, while in others there is no such organisation, in which case inmates stay inside their cell watching TV all day long.
There are specific places for physical activities in most facilities. Some prisons are equipped with outdoor soccer or basketball courts.
There are specific places for cultural activities in most facilities. 92% of the facilities visited by Antigone had a space for cultural activities. Rooms measure 30 to 50 m2. They are equipped with tables and plastic chairs, a television, playing cards, and sometimes musical instruments. The most common activities are music courses, different workshops, and reading.
For more information see “Other activities ”.
26 There are libraries in most facilities. Physical integrity In each facility, there should be a special commission, partly composed of inmates. The commission makes a selection of books based on cultural pluralism. All external donations Prison population are accepted. Sometimes inmates can go to the library and easily choose a book, whereas sometimes Penitentiary system they have to request it, which might leads to a long waiting list.
Daily life Some prisons have only one library, whereas in big facilities there can be small libraries within blocks. Health There is a lack of books in foreign languages (like Arabic or Slavic).
Security Libraries are not modern. Computerized catalogues are rare.
Discipline According to a new regulation, inmates without special detention regime should spend at Contact with the outside world least eight hours per day outside their cells. The 41-bis regime has strict limitations regarding the time allowed outside from the cells. Access to legal rights The prison administration, volunteers and other external participants can organise activities For more in-depth information in prison facilities. See more in “External participants”.
Access to activities does not depend on conditions, everyone can participate, but restrictions can be imposed during disciplinary sanctions or for inmates in solitary confinement.
During collective movements of protest, inmates can refuse to take part in the activities, like in September 2017 in San Vittore prison (Milan) 8.
Other activities
Theatre. Since the early 80s, theatre activities have been present in Italian prisons. These performances help the community know more about life in prison and contribute in the resocialisation process. Excellent examples are worth mentioning in Volterra prison (Compagnia della Fortezza) and Rebibbia prison (Teatrolibero). The fourth edition of the “National Theatre in Prison Festival” took place with the collaboration of the University of Rome and other national bodies 9.
Photography. An innovative project was organised, in 2017, in some prisons. The aim was to promote re- socialisation, re-education and to reduce recidivism with the use of photographic technics. Inmates were split into groups with the assistance of psychologists and photographers. They were shown different photos and were invited to tell or to draw their feelings. This intervention showed positive results like reducing depression and improving the ability to cope with trauma. There were 34 participants, with sentences ranging from 16 years to life imprisonment 10.
Opening of cells. After the Torreggiani vs. Italy case, the Ministry of Justice decided to allow inmates in medium-security regime to spend a minimum of eight hours per day outside their cells; they used to spend twenty-two hours a day inside before this measure was implemented. The aim was to give more autonomy to inmates and to make life in prison somewhat more similar to life outside. This measure did not concern work time, activities, training or exercising of the right to worship.
For more information related to religious activities see ”Religion”. For more information related to books in foreign languages see “The foreigners”. For more information related to the objects (games, books) that can be brought by relatives see “The Visits”.
27 Work _ Physical integrity Number and the Prison population percentage of working 18,404 31% inmates Penitentiary system Date: December 2017 Source: Antigone 11 Daily life Change in number of There is still a lack of job offers in spite Health workers compared to the increased of the recent increase on the number of previous year by 13.2% inmates working. Security Inmates receive a salary for work in some cases. Discipline Inmates are paid for their work, but salaries have been frozen for decades and are not considered adequate. Contact with the outside world Offenders are not paid if the prison sentence is substituted by community work. Lavoro Access to legal rights sostitutivo is free work in favour of the community (e.g. work for municipalities, educational services, for civil and environmental protection). For more in-depth information
Paid inmates contribute towards social security.
Paid inmates contribute towards retirement.
Paid inmates contribute for unemployment.
Inmates have not the right to join trade unions.
Work does not favour penalty adjustment.
Salary is calculated according to the difficulty and quantity of work .
Salary received by inmates is slightly below the national minimum salary. Inmates should be paid no less than two thirds of the salary stated in national contracts for that job.
Most working inmates (86.5%) are employed by the penitentiary administration or by external companies (13.4%). They provide prison services (laundry, cleaning, cooking) or correctional facility maintenance 12.
If an inmate works for the penitentiary administration he/she will usually carry out cleaning tasks, distribution of food, secretarial duties or writing complaints and documents for other inmates. When professional activities do not require specific skills, inmates are selected according to the length of their sentence, their economic situation and family situation 13.
Work is seen as a precious opportunity to get out of idleness and make the most of the time spent in detention. Prisoners access work (mostly for the prison administration) through waiting lists that function through a system of points. The number of points each prisoner receives varies according to the length of the sentence, the number of children and other criteria
The access to an employment depend on the level of dangerousness of an inmate. Persons convicted for criminal association with the mafia or other serious crimes are forbidden to work outside the prison premises. However, they can work outside once they have served 2/3 of their sentence.
Some prisons offer professional culinary courses and appoint prisoners to manage food preparation. The model prison of Milano Bollate opened a restaurant named In Galera which is managed by the prisoners and opened to outside guests. There is another restaurant in the prison of Turin. On the other hand, a bakery Giotto established in the Padova prison, offers a large variety
28 of handmade patisserie. Physical integrity Inside of Volterra prison, the project Carcere come luogo in cui incontrarsi organises Prison population theme nights were guests enjoy delicacies prepared by inmates with recipes taken from the oldest regional traditions and from other food cultures. Penitentiary system
Daily life For more information related to how inmates can use their salary see “The financial resources and destitution”. Health
Security
Discipline Education _ Contact with the outside world Number and percentage of inmates registered for Access to legal rights academic training in the 209 0.36% last year For more in-depth information Date: December 2017 Source: Ministry of Justice 14
Number and percentage of inmates registered for professional training in the 4,410 7.7% last year Date: December 2017 Source: Ministry of Justice 15
The Ministry in charge of education is the Ministry of Education.
Academic training is accessible in most facilities. Foreigners receive literacy and Italian courses. They can obtain a certificate attesting their knowledge of the language. In general, inmates have to fill an application in order to participate in educational courses or trainings. A scholarship can be awarded for inmates who distinguish in academic courses or vocational trainings.
The administration put in place measures to combat illiteracy. Foreign prisoners are the main beneficiaries of literacy courses nowadays.
Inmates can obtain diplomas and take part in examinations. There are enormous disparities between men and women even if the law provides the right to education for everyone without distinction of gender. In the period between 2016 and 2017, no female inmate graduated from a university programme, whereas 31 men graduated only in 2017. The most popular academic fields are socio-political studies and literature. A small percentage of men graduated in two disciplines like agriculture and science or computer science and engineering.
Professional training is accessible A vocational training to become sommelier or wine steward is organised in Lecce Prison. These courses are part of a programme that gives inmates new skills and helps developing a bond between the institution and the region (that is known for its negroamaro grapes). The programme has been enthusiastically accepted by inmates. In eight lessons, 30 men and women, divided into separate groups, learnt how to taste, choose and serve local wines.
Distance training courses are offered. Last year, the project “eWriting” was launched. This project (that comprises 15 lessons) allows inmates to take online creative writing workshops with professionals. 60 participants, including 15 women and inmates from high security regime took part to the project.
29 Teachers are employed by the Ministry of Education. Other participants are occasional Physical integrity workers employed by local authorities or by associations.
Prison population
Penitentiary system Media _ Daily life Inmates can have access to a television. Inmates can watch TV in their cells or in common areas. Satellite channels are usually not Health accessible.
Security Inmates can have access to a radio.
Discipline Inmates have access to the press. Prisoners can purchase newspapers and magazines and, in some cases, pornographic Contact with the outside world magazines. Many prisons have their own newspapers and radio-stations.
Access to legal rights The penitentiary administration provide internet access in some facilities For more in-depth information The Ministry of Justice intended to improve the access to the internet in 2017. This project failed to provide significant changes. Some exceptions can be made for distance learning courses or for communication with relatives via Skype. In Giudecca prison, some women have been allowed to do homework with their children through the internet.
Inmates can usually communicate freely with the media, except when they have a specific prohibition imposed by a judge. In recent years, the penitentiary administration has not prevented journalists, even television crews, to enter prison facilities and interview inmates.
Religion _ Inmates have the right to freedom of worship.
Dedicated places for worship are available in all establishments but only for Catholics. All prisons are equipped with Christian Catholic confessional premises, attended by Catholic priests. These are remunerated by the prison administration in agreement with the Vatican. Other religions do not receive financial support from the prison administration, in which cases their services are provided on a voluntary basis. In 2015, the prison administration signed a Memorandum of Understanding with the Union of Italian Islamic Communities (UCOII), authorising entry to imams in eight facilities. The initial intention was to ensure the right to worship and at the same time prevent radicalisation inside prisons (based on the idea that an official imam can counteract the influence of some prisoners-leaders preaching jihadist ideologies).
Only catholic mediators are paid by penitentiary administration.
The Antigone has observed (during the visits to 86 facilities) that only 20 prisons had spaces for no-Catholic religions. This means that in 77% of institutions inmates do not have a place to pray except from their cells. Additionally, there are only 47 authorised Imams despite a large number of Muslims inmates.
Certain inmates are regrouped according to their religion. See “Ethnic groups”.
The most represented religions are Catholicism (55.7% of inmates) and Islam (34.4%). Many inmates prefer not to declare their religion.
There is discrimination against certain religions. The only religion that receives support from the prison administration is Catholicism. All other religions lack of cultural mediators. Imams sometimes need an expressed authorisation to enter prison. The practice of religion is so far rather well regarded by the administration. The major obstacle to the full enjoyment of this constitutionally guaranteed right is the lack of suitable places.
30 In 2017, the number of inmates under surveillance for radicalisation increased compared to Physical integrity the previous year - 506 against 365 in 2016.
Prison population The surveillance policy is organised on three levels - identification of the signs, separation of the already radicalised inmates and implementation of deradicalisation methods Penitentiary system (monitoring after the release from prison).
Daily life Separation from non-radicalised inmates does not always work. Four women convicted for terrorism-related offences were placed together in the female block of Rebibbia prison Health (Rome). One of the women held particularly radical beliefs and exerted her influence on the rest of the group. The National Guarantor visited them twice and noticed significant Security negative changes in their behaviour during the second visit 16.
Discipline Radicalisation. The Ministry of Justice has developed several “indicators of radicalisation” resulting from Contact with the outside world guidelines defined at a European level. These indicators vary from the frequency of prayers to the growth of a beard, or to Access to legal rights undisguised joy after jihadist attacks. However, radicalised prisoners have recently adopted For more in-depth information a low-profile that makes it difficult to identify them.
The Ministry of Justice has defined three psychological profiles for radicalised or potentially radicalised inmates: - Inmates who are in prison for offenses related to Islamic extremism-related terrorism, without distinction between accused and sentenced persons. - Regular inmates who “share an extremist ideology and are charismatic”. - Inmates considered “easily influenced” or “followers”.
The Central Investigative Unit (NIC) carries out the monitoring in collaboration with the Anti-terrorism Strategic Analysis Committee (CASA). The information about life inside prisons and contacts with the outside world are analysed monthly.
External Participants _ Individuals or organisations from the outside are allowed to participate in prison activities. People and different associations can participate in the organisation of activities in prisons on a voluntary basis.
Change in number of external participants increased According to the statistics of the Ministry of compared to the by 5.5% Justice, in 2017 there were 16,842 external previous year participants (15,594 volunteers participated in re-education and promotion of the relationships between prison community and free society and 1,248 volunteers took part in personal assistance with moral support and preparation for the future reintegration into society)
The authorisation for external participants to take part in prison activities is provided by the warden and the sentencing judge. Anyone who wants to be a volunteer must submit a written request to the warden, with their personal information and their reasons to wanting to be a volunteer. After examining the application, the warden should transmit it, along with his opinion on it, to the sentencing judge for approval. If the volunteer is a member of an association, the authorisation is given through a specific agreement (a yearly authorisation). The warden controls the volunteer’s work and behaviour. If the warden detects violations of the internal rules, he/she can suspend this authorisation.
There are activities organised for the inmates relatives. NGO Bambini Senza Sbarre organises football matches inside prisons for inmates and their
31 children, to promote more normal and enjoyable visits. Physical integrity External participants can communicate freely about the situation/s they have observed Prison population within the institutions they have attended. Penitentiary system Some of the main activities organised by non-profit organisations are legal support, sport Daily life recreation, cultural activities, religion assistance and support for the families.
Health For instance NGO Bambini Senza Sbarre helps maintain family ties between children and their incarcerated parents. They have introduced different projects like “La Partita con Security Papà” (The Game With Dad). The project consists in organising football matches that provide rare moments for families inside the prison facilities. Discipline Another example is the “Yellow Space Project”, in Bollate prison and in Lecco prison, that Contact with the outside world aims to prepare and support children for meetings with their imprisoned parent, assisted by specialists. Access to legal rights Volunteers are very present inside prisons. They are generally not financed by the State. For more in-depth information The only association authorised to enter prisons with the purpose of observing conditions of detention is the association Antigone. It receives no public funding from the State. Antigone’s funding comes partly from the European Union and partly from private funds.
Organisations accompany people after their release from prison. During recent years, more and more women are becoming volunteers in rehabilitation programmes for inmates and ex-offenders. Volunteers help them recover from the so-called “prison syndrome”. Inmates and ex-offenders are hired by women that run restaurants, ateliers, hotels and catering services.
Antigone association is not allowed to communicate with inmates during its visits.
Financial resources and destitution _ The penitentiary administration does not provide support for destitute inmates. The penitentiary administration does not supply financial help for destitute inmates. It only gives food and a minimum of hygiene products. All inmates must pay for their maintenance expenses (cost of food, bedding and kitchenware). If an inmate displays an adequate behaviour or has financial issues, the sentencing judge can order the release of these costs.
The prison population has, in general, few economic and cultural resources.
On the 31st of June 2018, 614 inmates had a higher education diploma; 5,208prisoners had a level of education equivalent to the baccalaureate; 18,813 had completed middle school; 6,649 had stopped at the end of primary school; 950 had no diploma and 1,019 were illiterate. For 25,506 inmates, the academic level was not been identified. Foreign inmates were 19,868.
The administration does not allow the circulation of cash in detention/
Financial resources should be put on a special bank account. Inmates can receive money by: - Postal order - the order is addressed to the warden with the full name of the recipient. The sum is deposited by the administration on the inmate’s personal account. - Money delivery at the counter - money is deposited during family visits with the agreement of the penitentiary administration. - Credit on the C/C Bank Management - the family must indicate the name of there recipient. Not all prisons accept this type of payment
Inmates can send money to their families 350 euros per month 17.
32 The expression of inmates _ Physical integrity Inmates can make an individual request to the penitentiary administration. Inmates can communicate with the penitentiary administration through ‘domandine’. These Prison population are used for all types of requests, including meetings with prison chaplains, educators, volunteers and directors and to purchase goods. Penitentiary system
Daily life Inmates have the right to vote, but not all inmates. People convicted for criminal offences against the State or the judicial system, or sentenced Health to at least three years of imprisonment, lose the right to vote.
Security Inmates have not the right to meet or to create an association.
Discipline Prisoners can set up a newspaper or a radio station. Contact with the outside world Antigone curates a national radio broadcast called ‘Jailhouse Rock’. Ristretti is a journal about daily life in prison edited by inmates. Access to legal rights
For more in-depth information
Collective protest movements _ Protest movements have been recorded in the last year, 1,089 in 2016. A hunger strike was carried out after the suicide of an inmate in the prison of Pisa. 213 prisoners (80% of the total number of prisoners) protested against the degrading living conditions in the facility.
Change in number of In 2015, the prison administration counted protest movements increased 525 «collective protest movements» involving compared to the 35,874 prisoners. For 483 of them, involving by 107% 30,755 prisoners, the reasons given were, previous year living conditions in the facilities, overcrowding, incompatibility with other prisoners, lack of health care or other services (water, meals, heating, cleaning). 21 protests, involving 3,051 detainees, concerned legislative measures (amnesty, remission of sentence, bills, etc.). The remaining 21, involving 2,068 detainees, concerned relations with the judiciary.
Collective protest movements are quite frequent. The penitentiary police in most occasions actin a professional manner towards these protests, however, in some cases, punitive reactions from the administration have been recorded.
Inmates who take part in collective movements cannot be subjected to criminal sanctions.
The public administration has a general a duty to respond to any request from a citizen. The prison administration does not have this obligation and often does not respond to requests from prisoners.
33 Physical integrity HEALTH Prison population The organisation of the health care _ The Ministry in charge of the health system within the prison facilities is The Ministry of Penitentiary system Health via regional branches (national health-care system). Daily life The amount of the budget allocated to the prison health system is not available. Health There is a nurse or a care unit in every prison facility. Security
Discipline Prisons are generally equipped with an infirmary. Some prisons, however, have better equipped clinics than others. In some prisons, there are services of microsurgery. Contact with the outside world Antigone considers the Italian prison healthcare system to be characterised of general poor conditions and lacking medical staff and suitable equipment. Access to legal rights Every region has the competence to recruit staff; there is no national plan implemented regarding this aspect. Also in this instance, differences in quality of the medical staff are For more in-depth information reported depending on the region where the prison is located.
The medical staff is sometimes required to be assisted or replaced by other people? (e.g. the inmates, the prison staff).
Due to the lack of medical staff, sick inmates are sometimes taken care of by fellow inmates employed by the prison administration. They receive a salary called piantone. For example, inmates with physical disabilities are usually taken care of by fellow inmates.
The medical staff is often comprised of a doctor and nurses.
The prison health service provides visits to specialists, (e.g. dentists, ophthalmologists, cardiologists, etc.) medical examinations, hospitalisation, and special care for persons with drug addictions. Specialist appointments are carried out either outside of the prison or by a visiting specialist 1.
Persons receiving a specific treatment before they enter prison face difficulties to continue once imprisoned. They cannot be regularly visited by the doctor they used to consult before they were in prison. Medical appointments with external doctors are at the expense of the inmate 2.
Medical, surgical and psychiatric services are considered to be insufficient. Furthermore, there is no medical attention available 24 hours a day in every prison.
Medical staff does not depend on the penitentiary administration. After the 2008 reform, prison healthcare was removed from the competences of the Ministry of Justice.
Access to health care _ Medical examination is performed at the entry into detention.
Medical record is opened on entry into detention. Medical records are generally difficult to access and poorly kept. The National Preventive Mechanism has recommended the implementation of a digital medical record. Out of the 86 prisons visited by Antigone, 59 did not have a computerised medical record system.
Access to health care are charged. Inmates must pay for some specific treatments that are not provided by the prison administration.
34 Access to an infirmary is provided following a written request handed to the prison staff. Physical integrity
Prison population Medical confidentiality is not respected and guaranteed. Medical examinations are sometimes performed in the presence of the supervisory staff. Penitentiary system Medications are generally available in prisons and they are distributed by the medical staff. Daily life Some treatments are not available in prison. Inmates must buy them outside but face long waiting lists and strict procedures to ask for permission. Health The staff is equipped to respond to medical emergencies. Security Medical staff is present 24 hours a day in most facilities. Discipline Inmate requiring special treatments should be hospitalised. However, transfers are not Contact with the outside world carried on time, due to long waiting lists and the lack of police staff.
Access to legal rights There is a special section for inmates in certain public hospitals.
For more in-depth information According to a study on the ethical issues of prison nursing in Northern Italy, the prisons of the Liguria region privilege security over health. There are not enough dedicated medical areas and a high turnover of medical staff. Foreign inmates have difficulties to access healthcare because of the language barrier. Nurses easily mistake their names and identifications, making difficult to provide proper healthcare.
Somatic Care _
According to a study on the ethical issues of prison nursing in Northern Italy, the prisons of the Liguria region privilege security over health. There are not enough dedicated medical areas and a high turnover of medical staff. Foreign inmates have difficulties to access healthcare because of the language barrier. Nurses easily mistake their names and identifications, making difficult to provide proper healthcare.
Psychiatric care _
Percentage of inmates not with mental illnesses available
Inmates suffering from mental illness should be placed in safety blocks within the prison facility. These blocks remain under the authority of the Ministry of Justice but the medical staff depends on the Ministry of Health.
Psychiatric care is usually provided in a claustrophobic environment. Instead of been placed in safety blocks, inmates are often placed in cellaliscia or smooth cells. They are isolated within those cells that do not contain any furnishing. The National Guarantor also pointed the lack of activities in the safety blocks.
Until 2016, persons declared legally irresponsible during trial were placed in special facilities named “Criminal Mental Asylums” (known as OPGs in Italy). The REMS (Residences for the execution of security measures) are the new facilities that replaced the OPGs. These centres offer better psychological treatment and focus on the recovery of each inmate. These facilities cannot host persons whose mental disorders appeared while serving their sentences. In those cases, there are special “mental health and patient safety units” in some prison facilities.
REMS show high occupancy rates. Inmates with mental disorders are treated with high doses of sedatives.
35 The safety blocks are managed by a medical staff composed mostly of psychiatrics. They Physical integrity provide an individual medical plan for each sick inmate.
Prison population The CPT pointed the fact that the psychiatric staff was not properly trained to apply regular medical treatments. The delegation received complaints regarding inmates that had been Penitentiary system locked up in seclusion rooms wearing only their underwear and sometimes handcuffed to beds 3. Daily life The REMS employ armed guards in spite of the fact that they are mental care centres. Health The recruitment procedure is not adequate and the staff does not receive appropriate regulations on their duties. Security The REM of Castiglione delle Stiviere was criticised by the CPT after a visit to the Discipline establishment. The delegation pointed a number of complaints about the disrespectful behaviour of some members of the staff, as well as poor living conditions in one of the Contact with the outside world buildings of the centre. Moreover, patients spent most of the day inside their rooms and general punitive environment was prevalent 4. Access to legal rights
For more in-depth information The psychiatric care provided in some prison facilities is considered to be inadequate.
In May 2017, the National Guarantor visited the Psychiatric Observation Department of “Il Sestante” prison in Turin. The National Guarantor noticed that cells were not properly equipped and were in a poorhygienic conditions. Some cells had no bed linens because inmates refused or were under the psychiatric supervision (as disciplinary sanction). Bed linens had to be brought by family members in some cases.
The use of restraints is carefully monitored in REMS 5. Mechanical restraints are generally banned.
However, the delegation of the CPT described the case of a woman hospitalised in Castiglione delle Stiviere who was subject to permanent mechanical restraints to prevent her from self-harming: “The CPT considers that this patient’s placement in a forensic psychiatric establishment is far from appropriate and that the Italian authorities should urgently explore alternative options, as well as more appropriate means for dealing with such cases. More generally, the CPT sets out the basic principles regarding the use of restraint measures, and recommends that they should be the subject of comprehensive protocols in all psychiatric establishments 6».
36 Physical integrity SECURITY Prison population
Penitentiary system Security means _ Security functions are fulfilled by the penitentiary police. Daily life
Health The penitentiary facilities have blocks or cells with high security level.
Security There are two types of high security regimes: - High security, divided in blocks AS1 (for organised crime), AS2 (for terrorism-related Discipline offences) and AS3 (for drug-related offences). - 41-bis regime, for inmates who have been convicted for mafia-related offenses and hold Contact with the outside world high positions within the hierarchy of their organisations. As of January 2017, there were 729 inmates under 41-bis regime. Access to legal rights Inmates can be placed under these regimes for the offense they committed or after a For more in-depth information psychological assessment.
There should be no difference in the detention regime of the three high-security categories. In practice, inmates represent different risks. Italian inmates sentenced for terrorism have attacked staff in the past. Islamic inmates sentenced for terrorism have been involved in fights. The staff has to deal with them in a specific way. For inmates sentenced for mafia-related offences, the risks concern mainly communications with outside world.
Inmates placed under 41-bis regime are assigned to individual cells. They spend one hour a day outside their cells in an individual courtyard. The possession of personal belongings has to be previously authorised. Direct contact with guards is limited even though inmates are constantly under surveillance.
The guards do not carry weapons.
Searches are carried out in the following way/s: - pat down - naked strip searches - naked cavity searches
Relatives are searched. All authorised visitors must pass through a metal detector. They must present an identity card and leave their cell phones. They are sometimes manually searched, even through internal body searches are forbidden.
Professionals who enter prison (lawyers, doctors, visitors, volunteers) are searched. Visiting professionals are not manually searched. However, they must identify themselves and leave their cell phones outside.
Searches of inmates are not filmed.
The strip searches are not carried out by doctor.
Staff performing searches are not clearly identifiable.
The staff does not use restraints for movements inside prison.
Prisoners cannot be restrained in prison. Handcuffs are used during transfers.
The Penitentiary Regulation provides the possibility to pad search inmates after all movements inside the prison facility.
37 Dynamic surveillance. Physical integrity The technique of dynamic surveillance was introduced after the Torriagiani vs. Italy case. In semi-opened blocks, cells are open from eight hours minimum to 14 hours maximum, with Prison population the possibility to move freely inside the block. Inmates are not supervised through static control. Prison staff must observe the inmates’ personalities. Penitentiary system Some institutions do not respect this policy. Cells are opened for less than eight hours per Daily life day (e.g. Badu’eCarros prison, Aquila prison, Latina prison, amongst other).
Health Radicalised inmates: Special blocks with different security levels have been implemented in order to address Security radicalised inmates: - high security (monitoraggio - AS2) for authors of offenses related to international Discipline terrorism or political extremism - medium security (attenzionamento) for inmates who have been convicted for minor Contact with the outside world offenses but hold an extremist ideology - low security (segnalazione) for inmates convicted for minor offenses, but identified by Access to legal rights the prison administration as “vulnerable” to the influence of extremist ideologies 1.
For more in-depth information
Incidents _ Have any escapes occurred in the last year? No statistical information is available for the year 2017.
Have any riots occurred in the last year? No statistical information is available for the year 2017.
Have any fires occurred in the last year? No statistical information is available for the year 2017.
On 27 November 2017, three young adults (two Moroccans and one Russian), who were incarcerated in the Turin juvenile prison, set up a fire in the cell of another inmate. The penitentiary police had to intervene to control the incident. They authors were transferred to another facility.
A prison escape took place in the Alexandria prison in March 2017. The video surveillance system was not working properly and an inmate managed to escape while he was cleaning the outside area of the facility.
In October 2017, three prisoners escaped from maximum-security Favigniana prison. One of them was serving a life sentence. The prison facility had been recently renovated. The inmates sawed the bars of the cell and used a rope made out of bed linens. They dropped it from the upper part of the walls to the outside. The prison is located in Favigniana island and the escapees were captured a few days later while they were trying to leave the island on a boat.
Ismail Kammoun escaped from Volterra prison in July 2017. He was serving a life sentence for mafia crimes but was considered a detenutto modello. He showed good behaviour and had completed an academic course. He had received a award permission for good behaviour for ten days but did not come back to the prison.
In March 2017, a group of ten prisoners barricaded themselves for several hours in the common area of the Malaspina juvenile prison. The protesting inmates demanded more award permissions and better food quality. The penitentiary police intervened and quelled the protest. The protesters abandoned the riot and returned into their cells.
In August 2017, after the suicide of a young Tunisian inmate, a riot in Don Bosco prison, in Pisa, broke out. The riot lasted about three hours. Inmates threw furniture and set up a fire. They were protesting against the degrading living conditions in the facility.
A 45 year-old prisoner of Slavic origin set up a fire inFerragosto prison in August 2017. He was awaiting trial and showed signs of mental illness. After screaming for most of the
38 night, he broke the sink, the toilet bowl and other furniture. He then started a firetorching Physical integrity a blanket. He then hit his cellmate with pieces of ceramic. The agents of the penitentiary police body had to intervene to stop him. Prison population In September 2017, in Santa Maria Capua Vetere prison, an inmate set up a fire in his cell. Penitentiary system The incident caused serious damages. The fire destroyed some furniture and the smoke intoxicated three inmates. Some of the guards that intervened suffered medium level Daily life burns.
Health
Security
Discipline
Contact with the outside world
Access to legal rights
For more in-depth information
39 Physical integrity DISCIPLINE Prison population The disciplinary regime _ Disciplinary offences are investigated. Penitentiary system When a disciplinary offence is registered, the prison staff has to prepare a report and transmit it to the prison warden and the penitentiary police within ten days. Daily life
Health The imposition of a disciplinary sanction subject to adversarial is not debated.
Security Inmates have the right to be assisted by a lawyer.
Discipline Prisoners can appeal against an abusive sanction. Contact with the outside world The disciplinary sanctions can be collective. Access to legal rights
For more in-depth information The disciplinary regime is regulated by: - the Charter of Prisoners and Internees Rights and Duties - the Rules on the law governing prisons and the enforcement of measures involving deprivation and restriction of liberty (1975) - the Regulation laying down the provisions concerning measures which deprive or limit freedom (2000)
Decisions concerning the application of disciplinary measures are made by the Disciplinary Council, constituted by the prison warden, an educator and a doctor.
Disciplinary sanctions can be:
- individual or collective warning from administration; - exclusion from recreational and sport activities (no more than 10 days); - isolation (no more than 10 days) - exclusion from the collective activities (no more than 15 days)
A regime of special surveillance can also be introduced by DAP on the proposal of the warden or the judicial authority. This regime implies working or taking part to recreational activities, correspondence and phone calls and the possession of specific items that are normally accepted. There can be no limitations to the inmate’s personal care or health needs.
The disciplinary sanctions influence the duration of punishment. Inmates who are subject to disciplinary sanctions cannot be granted an early release or any other type of sentence adjustment measure.
Solitary confinement _ An inmate can be placed in solitary confinement for: - health reasons - disciplinary reasons - judicial reasons
As of January 24th 2017, there were 409 inmates placed in solitary confinement.
Solitary confinement for judicial reasons can be applied by the judge during the preliminary investigations. However, the law fails to establish a specific time limit for pre-trial detainees, leaving this decision to the discretion of the judge.
Solitary confinement for life-sentenced inmates should be applied 24 hours a day. However, lifers should also be allowed to work and participate in educational activities, trainings and religious practices. In reality, they are often excluded from all common activities, especially if they are under 41-bis regime.
40 Minors can be placed in solitary confinement. It can be imposed as a disciplinary measure. Physical integrity
Prison population Radicalised inmates are isolated.
Penitentiary system The decision to impose solitary confinement is made by a disciplinary council. This council is composed by the prison warden, a doctor and an educator. Daily life
The decision to place a prisoner in solitary confinement is subject to adversarial debate. Health During the hearing in front of the disciplinary council, the inmate does not have the opportunity to defend himself by presenting evidences and witnesses. Security
The CPT and the ECtHR have criticised the 41-bis regime. Inmates have to spend 22 hours Discipline per day in confinement, the other two hours can be spent either outside or in common Contact with the outside world area in small groups (three to four people). In 2017, the CPT recommended to Italian authorities to modify this regime in consideration of international human rights standards. Access to legal rights The length of solitary confinement is limited to 15 days. For more in-depth information Renewal is possible. There are no restrictions in the law concerning the renewal.
The length of solitary confinement is no respected in practice. Solitary confinement can sometimes last several months because the renewal of the measure is not subject to any limitations.
Inmates can ask for a re-examination of the situation.
The frequency of phone calls does not change; ten minutes per week.
Inmates placed in solitary confinement should be accommodated in single cells, but this does not happen in practice. It has been reported that in some facilities, inmates in disciplinary isolation are placed in so-called cellaliscia (cells without furniture).
Disciplinary isolation can last a maximum of 15 days. However, sometimes this period, inmates return to their cells for a few hours and are brought back to solitary confinement.
Persons convicted for life sentences spend all day and all night inside their cells. Nevertheless, they are not banned from communal activities such as work, education or religious services. Therefore, the time spent in complete isolation may be less than 24 hours. However, as activities are scarce, many lifers may spend a great amount of time alone in their cells.
According to the law, inmates placed in solitary confinement have the right to participate in usual activities. This provision is not respected in practice.
Inmates under the regime 14-bis or sorveglianza particolare are not allowed to work, and restrictions can be imposed on their participation in educational programmes, sports, cultural and recreational activities. All prohibitions imposed by this regime create a de facto solitary confinement regime, which theSurveillance Tribunal of Bologna declared to be “without any legal basis” in 2011.
In the previous penitentiary regulation, which dates back to 1975, the limitations posed to isolated inmates were both related to communication with other inmates and to contact with the outside world (phone calls and visits). However, the current regulation, the D.P.R.230/2000, does not provide these limitations. Legal experts have commented that it can be inferred that telephone calls and visits from relatives, lawyers, amongst other, take place according to the usual rules. Moreover, inmates are allowed to write and receive letters, to keep a radio and to access newspapers.
The only category of inmates who is subjected to formal restrictions is that under 41- bis regime. They can only receive one family visit per month and it can be replaced by a 10-minutes phone call.
41 Physical integrity CONTACT WITH THE OUTSIDE WORLD Prison population Visits _ Penitentiary system All inmates have the right to receive visits. An inmate can receive up to six visits per month from authorised relatives, partners and Daily life friends. Each visit can last up to one hour.
Health There are restrictions for visits. Inmates under (Mafiosi and terrorists) have additional visit restrictions (one Security 41-bis regime visit per month) and no physical contact. Discipline Persons convicted for serious offenses have four visits per month. Contact with the outside world The time it takes to obtain permission for a visit permission is less than one week. Access to legal rights
Persons authorised to visit are relatives, partners and friends. For more in-depth information
Children can be present during visits. In order to reduce the traumatism of children, in some prison facilities there are special open spaces and dedicated areas. In addition, the prison staffs dress in civilian clothes.
There are still many prison facilities with unfriendly and unsuitable visiting areas (without accommodations for children) or open spaces for family visits.
According to the Ministry of Justice, there are 71 visiting areas rooms for families with children, 71 playrooms and 106 spaces for meetings.
Conjugal visits are not authorised. The Italian legislation does not contemplate conjugal visits. It is only mentioned that inmates can have special permission (award permission) to spend time outside of prison (ex. with his family or for leisure purpose).
The Milano Opera prison has built special areas called stanze dell’affettività, “rooms of affectivity”, where inmates can spend a family day.
There are visiting rooms with separation devices for those on the 41-bis regime a dividing glass is prescribed.
As a general rule, for each visit, the number of people who can be present is limited to three. However, exceptions are possible when it comes to family members. Visits are generally booked by phone. Inmates are entitled to six visits per month. Those convicted of serious crimes and assigned to a special detention regime (ex art. 41-bis) are entitled to four visits per month.
Visits are under video surveillance without audio1.They take place, most of the time, in collective areas. In many facilities, green areas are set up outside, especially during summer. Since 2000, the dividing wall that was once present everywhere was prohibited (and in recent years all facilities have adapted to the standard). The inmate himself usually requests the visit. Third parties must be authorised by the prison warden.
If the inmate is in pre-trial detention, the competent authority is the judge. Once the person has been formally convicted, this responsibility is transferred to the prison warden. Visiting days and times can vary depending on the type of facility and on the type of offense committed. Usually visits last one hour but there can be exceptions for foreigners 2.
1- Foreign and Commonwealth Office, “UK Prisoners in Italy: The inmate should file an application to the Ufficio Matricola before the visit in order to Information for families and friends”, 26 February 2016, p.4. ask permission to have visitors. An inmate should provide all contact information about the visitor, including passport details for foreign inmates. 2- Ibid.
42 After the first authorisation, the visits are granted via a reservation system. The prison Physical integrity administration, unlike other administrations, places de jure and de facto spouses on the same level. Social services verify their identity and relationship with the inmate Prison population beforehand. With third parties the times are longer and the choice the administration more discretionary. Penitentiary system Visitors can bring clothes, food and books. Restrictions are applied to inmates under 41-bis Daily life regime. Health The assignment of an inmate to an establishment takes into consideration whether their Security relatives may visit them. The principle of territorialisation of the sentence exists. Inmates have right to two additional Discipline visits, if they haven’t been subject to disciplinary sanctions, based on this principle. Nevertheless, the administration is not obliged to take this into account as a matter of Contact with the outside world priority.
Access to legal rights For information related to searches of visitors see the section on ‘Security’. For more in-depth information
Correspondence and phone calls _ Correspondence is authorised. Italy was condemned, in 2008, by the ECtHR for preventing an inmate to communicate freely with his family and lawyer. No other complaints have been filed on this matter since.
Correspondence is subject to censorship only for inmates under 41-bis regime. Envelopes are inspected in order to detect the possible presence of prohibited objects. The content of the letter is not verified. Correspondence sent/received to/from international jurisdictions cannot be controlled.
Until 2004, correspondence was subject to censorship; even that with lawyers. Italy was condemned several times by the ECtHR Rinzinno v. Italy in 2001, Messina v.Italy n°3 in 2002. The last condemnation was in 2009 (Enea v. Italy).
According to internal regulation the correspondence can be received in a sealed envelope.
The receipt of parcels is allowed.
An inmate can receive four postal parcels (5kg max) per month. According to the internal regulations there should be a delay of 15 days between parcels delivered during visits and parcels received by post. Exceeding parcels are either returned to the sender, at the prisoner’s expense, or kept in the prison’s store room 5.
There are restrictions for inmates under regime 41-bis: they cannot receive books or daily newspapers in order to avoid all communication with the outside world.
In 2017, the Italian Constitutional Court was inquired about the conformity of the restriction measures under 41-bis regime with the Italian Constitution (freedom of correspondence and thought, right for information and education) and with European convention of Human rights (art 3 and 8). The Court declared unfounded the questions of constitutional legitimacy. The CPT expressed its concern and requested Italian authorities to modify this legislation 6.
Phone calls are authorised. 3- Foreign and Common wealth office, An inmate can make up to six telephone calls per month, to relatives and other authorized “Information pack for British prisoners in Italy”, 22 December 2016, p.10 people, with each call lasting up to 10 minutes. Inmates who want to receive phone calls should make a written request indicating the 4- Yéris Nicolas and Margaux Romano, “Les lieux privatifs de liberté en Italie : phone number and the identity of the person. de la Cour constitutionnelle au Comité européen pour la prévention de la torture”, in La Revue des droits de The cost of phone calls is in line with market prices. l’Homme, 30 October 2017, §10,11. (In French) In some facilities, prepaid phone cards are available.
43 Phones calls can be wiretapped. Physical integrity All phone numbers must be verified. This procedure can be difficult for foreign prisoners. Conversations of persons convicted for serious offences can be wiretapped. Prison population
Penitentiary system The use of cell phones is authorised in some case. The use of cell phones is allowed if there is no other possible means of communication or Daily life if they were not used in 15 previous days.
Health Inmates and their correspondents have access to video calls in some institutions on experimental basis. Security Very few prisons have implemented the video calls. In Giudecca prison (Venezia), for example, inmates are allowed to do homework with their children via Skype 5. Discipline E-mailing is not possible. Contact with the outside world Prisoners cannot have a fax or an email. Despite recent modifications to this regulation, access to the web remains less than adequate. Access to legal rights
For more in-depth information The mail is always distributed.
The duration of phone calls is ten minutes, once per week.
Telephones are usually located in the corridors, inside a cabin. Inmates are entitled to one 10-minute call per week. Numbers and calls must be authorised by the judicial authority when the person is not definitively convicted (in which case the authorisation is issued by the prison director). The cost of communication shall be borne by the prisoners.
The right to make phone calls cannot be revoked.
There are cases of illegal acquirement of cell phones. Inmates in Naples prison have created a drug network inside, delivering drugs, mobile phones, sim cards with fictitious holders and other prohibited electronic items. An investigation shows that this traffic took place with the help of relatives, volunteers and two corrupted agents of the penitentiary police. Eleven persons are registered as suspects. The inmate accused of creating this cell phone and drug channel is being charged for the crimes of corruption and drug trafficking.
For information related to confidential exchange with lawyers see the section on ‘Access to legal rights’.
For information related to phone calls abroad see the section on ‘Foreigners’.
Sentence adjustment policies _ A penalty adjustment system has been implemented.
The sentence can be adjusted as soon as it is pronounced. If the sentence or residual prison sentence does not exceed three years, with the personal observation on inmate, he/she can be assigned to the probation service.
Penalty adjustments can be made during ongoing sentences for inmates who show good behaviour and if they participate in activities. Early release – reduction of 45 days of sentence for each 6 months of sentence served.
Some categories of inmates can have their sentences adjusted. If the inmate was condemned for criminal association with mafia and does not cooperate with justice (give information), they will not benefit from any sentence reduction.
In case of refusal of sentence adjustment, the inmate can contest this decision. There are several options, depending on the type of adjustment in question.
44 Special permissions for going out exist. Physical integrity For inmates with good behaviour, the Italian penitentiary law provides a system of award permissions (for 15 days). Prison population
Penitentiary system Number of inmates eligible to presidential The last amnesty was in 1990 and presidential 0 Daily life pardon or amnesty in the pardon in 2006 previous year
Health Date: December 2017
Security Inmates should behave correctly and take part in the activities organised. They should also Discipline have served a part of the sentence (depending on the length of the sentence pronounced).
Contact with the outside world It is decided by special judges and courts (Magistrato di Sorveglianza and Tribunale di Sorveglianza). Access to legal rights
For more in-depth information Prisoners sentenced for certain types of offenses like mafia and terrorism have limited access to alternative measures. If an inmate serving life sentence for one of those crimes does not cooperate with justice, because he/she has no information to provide, he/she will be sentenced with ergastolo ostativo, life imprisonment without parole.
They can be delivered to inmates sentenced to no more than four years of prison, or those who have served at least a quarter of the sentence (for life imprisonment – 10 years minimum).
The last amnesty was in 1990 and was granted to inmates who were sentenced to no more than four years. Recidivists prisoners were not eligible 6.
It is possible to benefit from alternative measures to detention for medical reasons (e.g. home detention for the period no more than two years).
In December 2017 the Supreme Court admitted the proposal to reduce the prison population. Measures will provide penalty adjustment for offenses related to soft drugs. According to the first estimations of the Ministry of Justice, these measures will concern 3000 to 4000 persons. Prisoners condemned for drug trafficking or possession of hard drugs are not eligible for sentence adjustment.
For information related to penalty adjustment and disciplinary sanctions see the section on ‘Disciplinary sanctions’.
45 Physical integrity ACCESS TO LEGAL RIGHTS Prison population Legal defence _ Penitentiary system Accused persons are always assisted by a lawyer.
Daily life The inmate or his/her relatives can make a request and submit it to the lawyer for receiving assistance. Health
Security Accused persons and their lawyer have the opportunity to prepare their defence before trial. Discipline Interrogation can not be carried out without a lawyer present. Contact with the outside world
Access to legal rights For information related to pre-trial detention see the section on ‘Persons in pre-trial detention’. For more in-depth information
Guarantees _ Inmates receive a copy of the internal prison rules.
The internal prison rules are translated for foreign inmates.
Prisoners have access to a legal aid centre.
For information related to pre-trial detention see the section on ‘Persons in pre-trial detention’.
Complaints _
Number of complaints registered in the last year 701
Date: : 1 January 2017 to 31 March 2018 Source: National Guarantor for the Rights of Persons Detained or Deprived of Liberty
There is no formal register with data regarding complaints, investigations or prosecutions. Antigone has strongly recommended Italian authorities to create a register for complaints.
Inmates can file complaints against the penitentiary administration. It is possible to make a complaint against the penitentiary administration. In 2017, the majority of complaints were made against degrading conditions of detention (58%), violation of the right to health (19%), transfers (17%) and the right to defence(6%) 2.
Complaints can be an oral or written request.
There is a specific body dealing with complaints, the surveillance magistrate deals inmate’s complaints.
Inmates can claim remedies for poor prison conditions. After exhaustion of domestic remedies, inmates can address their complaints to the ECtHR.
46 National Preventive Mechanism (NPM) and other monitoring bodies _ Physical integrity Optional protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT) is: Prison population - signed: 20 August 2003 - ratify: 3 April 2013 Penitentiary system
Daily life In February 2014, Italy established a new specialised institution as National preventive mechanism (NPM). The National Guarantor for the Rights of Persons Detained or Deprived Health of Personal Liberty, or Garantenazionale, protects the rights of persons deprived of liberty at regional and city levels. Even if a legislative framework was established in 2014, the NPM Security came into the office in 2016.
Discipline Name of NPM: Garante nazionale dei diritti delle persone detenute o private della libertà personale. Contact with the outside world
Access to legal rights The NPM has come into office in 2016.
For more in-depth information NPM is composed by collegial independent authority, composed by a president and two members.
They are chosen among people who do not work for or depend of the public administration. This ensures independence and expertise in disciplines related to human rights protection. They are appointed, after deliberation by the Council of Ministers, by the President of the Republic, after hearing the relevant parliamentary committees. The members of the NPM are not allowed to hold institutional positions, including elective or positions in political parties.
Currently, the NPM is represented by Mauro Palma (Chairman), Daniela de Robert (Board Member), Emilia Rossi (Board Member)
The NPM is independent from the Ministry in charge of the penitentiary system. The NPM is reliant on the Ministry of Justice for financial resources and staff, which may pose obstacles to its future independence.
The term of office of the NPM is 5 years. The term of office is not renewable. The term of office is not revocable.
The NPM has been appointed by the Council of Ministers and the President of the Republic, after hearing the relevant parliamentary committees.
Number of visits made by the NPM in the last year 90
Date: March 2017 - April 2018 Source : National Guarantor for the Rights of Persons Detained or Deprived from Liberty 3
The NPM can make unannounced visits. The NPM can make visits on a regular basis and without permissions. The visits on regular basis are : thematic and regional. And without permission – ad hoc and visits di follow up.
Confidentiality in communication between inmates and the NPM is guaranteed.
All facilities or blocks can be monitored by the NPM.
The NMP reports are published. In the spirit of collaboration, these reports are embargoed for a certain period, during which the authorities can reply to the remarks made. All documentation is published on the Guarantor’s website.
47 The recommendations made by the NPM are not mandatory/binding. Physical integrity The NPM can make justified remarks and specific recommendations. These Prison population recommendations are sent to the prison administration. In case of disagreement with them, the administration has to justify this within 30 days. Penitentiary system When the deadline expires, all remarks, recommendations and replies are published on the NPM’s website without indicating the name of the persons involved. When necessary, they Daily life are sent to the Subcommittee of the Prevention of Torture (SPT). The NPM can also verify the plausibility of requests and complaints on measures depriving Health or limiting liberties 4.
Security The Subcommittee for the Prevention of Torture (SPT) has already visited the country, from Discipline the 16 to 22 September 2015. The report was published in 2016.
Contact with the outside world Some regions introduced a similar independent authority at a regional level. As of May 2016, 15 regions (out of a total of 20) have established their regional authority Access to legal rights for the rights of persons deprived of liberty. Eleven authorities have been established at a provincial level and 42 at the city level. For more in-depth information During 2016 the delegation of CPT has visited Italy in order to examine the measures implemented by authorities to reduce overcrowding and the reforms of forensic psychiatry.
In the report the CPT concluded that conditions in cells were acceptable for short periods. However, for prolonged detention (e.g. up to 72 hours), the conditions remained inadequate, lacking of outdoor activities and showers.
There are no conditions to seize the NPM. Inmates, relatives, lawyer or prison activists can file a complaint to this monitoring body. When the NPM receives a large number of complaints from one specific facility, they usually organise a visit to verify the general conditions of detention of the prison.
The direction of a prison facility should give the response for all remarks and recommendations made by NPM within of 30 days.
There are other monitoring mechanisms planned for prisons. Antigone has the right to visit all prison facilities. In 2017, Antigone visited 86 prisons.
The Prison Observatory or Osservatorio Carcere, established in 2006, is a structure composed by the head of Government responsible for the prison section and a working group.
The Prison Observatory studies the legal and practical problems of the penitentiary system, performs monitoring of prisons through visits and proposes solutions to improve the situation.
48 Physical integrity FOR MORE IN-DEPTH INFORMATION Prison population Key websites _ Penitentiary system Antigone
Daily life Antigone, Observatory on detention conditions
Health Antigone, Observatory on detention conditions for minors
Security National Guarantor for the Rights of Persons Detained or Deprived of Personal Liberty (in Italian) Discipline Statistics of the Ministry of Justice Contact with the outside world Bambinisanzasbarre Access to legal rights Bambinisanzasbarre Current projects For more in-depth information Prisons in Italy
Italian criminal Trial by Nicolas Canistrini
A brief introduction to the Italian criminal law by Avvocato Adriani
Multilingual guide for prisoners (Available in Italian, English, Spanish, French, Arabic, Albanian, Croatian)
Guide for prisoners relatives, (in Italian)
Osservatorio Carcere (in Italian)
Reports _ National Guarantor for the Rights of Persons Detained or Deprived of Personal Liberty, “Report to Parliament”, 2018. (in Italian)
Antigone, “One year in prison. XIV Report on detention conditions: press release”, 18 May 2018.
The UN Committee against Torture, “Concluding observations on the combined fifth and sixth periodic reports of Italy”, 18 December 2017.
Antigone, “Submissions to the UN Committee concerning Italy”, 6 November 2017 – 6 December 2017.
Antigone, “Italie encore beaucoup à faire...”, November 2017.
International Federation of Action by Christians for the Abolition of Torture (FIACAT) & Action by Christians for the Abolition of Torture in Italy (ACAT-Italy), “Joint alternative report by FIACAT and ACAT Italy on the implementation by Italy”, Committee against torture 62th session, November 2017.
Human Rights Committee, “Concluding observation on the sixth periodic report on Italy”, 1 May 2017.
National Guarantor for the Rights of Persons Detained or Deprived of Personal Liberty, “Standards and normalcy: the recommendations to the penitentiary administration 2016-2107”, 29 January 2017. (in Italian)
Antigone, “Annual Report”, 2017. (in Italian)
49 European Committee for the Prevention of Torture (CPT), “Report to the Italian Physical integrity government on the visit to Italy from 8 to 26 April 2016”, 2017.
Prison population Antigone, “Observatory on detention conditions”, 2017. (in Italian)
Penitentiary system National Guarantor for the Rights of Persons Detained or Deprived of Personal Liberty, “Report to Parliament”, 2017. Daily life Foreign and Commonwealth office, Information“ Pack for British prisoners in Italy”, 22 Health December 2016. Security Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (SPT), “Report of the SPT on the visit made to Italy”, September Discipline 2016. Contact with the outside world Antigone, “Annual Report”, 2016. (in Italian) Access to legal rights Antigone, “The practice of pre-trial detention in Italy: research report”, September For more in-depth information 2015.
European Prison Observatory, “Prison conditions in Italy”, September 2013.
Scientific articles _ Giovanni Antonetti, Daniela D’Angelo, Paola Scampati, Ileana Croci, Narciso Mostarda, Saverio Potenza and Rosaria Alvaro, “The health needs of women prisoners: an Italian field survey”, in Ann Ist Super Sanità 2018, vol.2.
Virginia Cinelli, “Radicalization in prison: Italian case”, in Sicurezza Terrorismo Società, n°7, 2018.
Yéris Nicolas et Margaux Romano, “Places of detention in Italy: from the Constitutional Court to the European Committee for the Prevention of Torture”, in La Revue des droits de l’Homme, 30 October 2017. (in French)
ECtHR judgements _ Blair and others v. Italy and Azzolina and others v. Italy, 26 October 2017.
Cirino and Renne v. Italy, 26 October 2017.
Torreggiani and others v.Italy, 8 January 2013.
Sulejmanovic v. Italy, 16 July 2009.
Videos _ Antigone’s web-doc on prison life
Justice in Italy, produced by Radio Radicale
50 Italy
Date of the report Nov. 2018 - Authors Katherina Chernikova Carolina Nascimento Annah Puaud Eliane Martinez - Correspondents Claudio Paterniti (Antigone) Alessio Scandurra (Antigone) Prison Insider
www.prison-insider.com/en