Introduction List of Acronyms
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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.