EUROPEAN PARLIAMENT Committee on Civil Liberties, Justice and Home Affairs

2009 - 2014

Brussels, 9 April 2014 Report from the Committee on Civil Liberties, Justice and Home Affairs delegation to Italy on the situation of prisons and correction centres Head of delegation: Juan Fernando L !"# A$%ILAR

&'

Introduction

A delegation of three full Members and one accompanying Member (see list in Annex ! of the "ommittee on "i#il $iberties, %ustice and &ome Affairs tra#elled to taly from 2' to 2( March 2014 in order to assess the current situation of talian prisons and correction centres, as )ell as to e#aluate the progress made by taly in order to comply )ith the *uropean standards and instruments concerning the protection of human rights+ ,he delegation #isited -ebibbia .uo#o "omplesso and -ebibbia /emminile prisons in -ome, and 0oggioreale prison in .aples+ n addition the delegation had in1depth discussions )ith the Minister of %ustice, the 0rison administration 2epartment, representati#es of the talian 0arliament, and the Mayor of .aples+ /urthermore, meetings )ere held )ith representati#es of the regional body responsible for health care, penitentiary police and ci#il society organisations+ ,he scope of the delegation )as to understand the challenges taly is confronted )ith, to assess the progress made and to identify possible measures to sol#e the problem of prisons o#ercro)ding+ (' ('& )he situation of prisons in Italy1 $eneral overvie* of the prisons situation

,he total number of detainees in taly is '0,(2(, nonetheless according to the talian authorities taly has a capacity to accommodate 43,(43 detainees+ ,his number is ho)e#er contested by some organisations, )hich calculate a total capacity of 41,000+ At the time )hen taly )as condemned by the *"t&- for #iolation of Article 5 *"&- (see point 2+2! there
2ata and numbers are changing daily+ All data reported refer to the time )hen the delegation too6 place, i+e+ March 2014+
1

278102'100*.+doc

0*452+599#01100

EN

EN

)ere '4,000 detainees, )hich then increased to '3,000 )hilst the official capacity )as 43,000 places+ ,here has since been a decrease in the number of detainees and an increase in capacity, yet the #ariance bet)een the t)o remains significant+ According to the "ouncil of *urope 0enal 9tatistics 9ur#ey, based on data collected in 2011, taly had the third highest prison o#ercro)ding, ha#ing 143 detainees for 100 a#ailable places, and coming only after 9erbia and :reece+ ,his, despite taly ha#ing a prison population rate, i+e+ the ratio bet)een detainees and population, of approximately 1 ()hich means 1 prisoner per 1,000 people!, )hich corresponds to the *uropean a#erage+ n the region of 40,000 detainees are ser#ing a sentence of less than 4 years, and roughly 5(; of detainees are detained for drug1related crimes ()ith a #ery high number of drug addicts among them!+ Approximately 29,000 detainees are foreign nationals, mainly from -omania, Morocco, Albania and ,unisia+ ,he number of remand prisoners (in pre1trial detention! or prisoners con#icted )ith a non1 final sentence in taly is circa 40; and is the highest in the *<+ taly has a total of 20' prison establishments, some of )hich are currently closed or #ery old and in need of structural reno#ation+ ,he competence for healthcare in prisons )as transferred in 200( from the 0rison Administration to the A=ienda 9anitaria $ocale (A9$!, the regional body responsible for health care (both inside of and outside of prisons!+ As a conse>uence, the pro#ision of health care #aries #ery much depending on the region )here the prison is located+ ('( )he "CtHR +)orreggiani, pilot -udgment

n the case ?,orreggiani and @thers #+ taly? 1, the :rand "hamber of the *uropean "ourt of &uman -ights (*"t&-! ruled unanimously that taly had #iolated Article 5 (prohibition of torture and inhuman or degrading treatment! of the *uropean "on#ention for the 0rotection of &uman -ights and /undamental /reedoms (*"&-!+ ,he "ourt found that o#ercro)ding in prisons can be considered, in some circumstances, as inhuman and degrading treatment+ n particular, the "ourt pointed out that the standard recommended by the *uropean "ommittee for the 0re#ention of ,orture ("0,! in terms of li#ing space in cells )as 4 s>+ m per person+ ,he applicants had been detained in a li#ing space of 5 s>+ m per person+ Moreo#er, the "ourt found that the shortage of space to )hich the applicants had been subAected to had been exacerbated by other conditions, such as the lac6 of hot )ater o#er long periods, and inade>uate lighting and #entilation+ All these shortcomings, although not themsel#es inhuman or degrading, caused additional suffering and thus a #iolation of Article 5 *"&-+ Bhile there )as no indication of any intention to humiliate or debase the applicants, the "ourt considered that their conditions of detention had subAected them C in #ie) of the length of their imprisonment C to hardship of an intensity exceeding the una#oidable le#el of suffering inherent in detention+ ,he "ourt pointed out that the issue of o#ercro)ding in talian prisons is a structural and systemic problem and therefore decided to issue a ?pilot Audgement? under Article 4' *"&-, in #ie) of the gro)ing number of persons potentially concerned+ n so doing, the "ourt called on the talian authorities to put in place, by 2( May 2014, a remedy, or a combination of remedies, pro#iding ade>uate and sufficient redress in such cases+ 2uring this one1year period, the "ourt is adAourning the examination of applications dealing )ith prison o#ercro)ding+ /ollo)ing the ,orreggiani Audgement, the former talian Minister of %ustice established a ?"ommissione ministeriale per gli inter#enti in materia peniten=iaria?, a special committee
1

Application no+ 45413D09, %udgement of the :rand "hamber of ( %anuary 2015+

0*452+599#01100

2D14

278102'100*.+doc

EN

)ith the tas6 of de#eloping an action plan to combat prison o#ercro)ding and to comply )ith the measures indicated by the *"t&-+ ,his committee is chaired by Mauro 0alma )ho has been confirmed as special ad#isor to the current Minister of %ustice+ ,he "ommittee of Ministers of the "ouncil of *urope )ill assess in %une 2014 the compliance of measures underta6en by taly )ith this Audgment+ .' .'&' Italian la* on the prison system, recent legislative changes and debates in the Italian !arliament Italian Constitution and main la*s on prisons

Article 23(5! of the talian "onstitution states that E0unishments shall not consist of treatments against the sense of humanity and shall be aimed at the re1education of the sentenced personF1, thus stressing the principle of the rehabilitati#e purposes of punishments+ ,he talian 0enitentiary Act 2 and the -egulation on *nforcement5 constitute the basic acts )hich regulate prison administration+ .'( !rison !lan /!iano Carceri0

9ince 2010 the talian authorities ha#e put in place a 0rison 0lan, )hich aims to create, and ma6e a#ailable, ne) prison places+ ,he 0lan )as put in place follo)ing the declaration of a state of emergency on prisonsG o#ercro)ding by the talian :o#ernment in 2010, and )as then modified in %anuary 2012 and once again in %uly 2015+ ,he obAecti#e of the Minister of %ustice is to reach a total number of 40,000 detention places by the end of May 2014+ .'. First set of measures: La* 1ecree 234(5&.

,his la) decree, con#erted into la) in August 2015 4, constitutes the first set of measures aimed at reducing o#ercro)ding in prisons+ ,he main measures introduced by this la) are the follo)ingH 1! 2! 0ossibility to apply pre1trial detention only for crimes punishable )ith a sentence of at least 4 years of detention (instead of 4!I Amendment on the $a) on recidi#ism (so1called Eex "irielliF $a) 4! )hich pre#ented access to alternati#e measures in case of recidi#ism, irrespecti#e of the crime )hich )as committed+ ,hrough the amendment, the possibility of access to alternati#e measures is introduced also for those )ho commit repeated crimesI *arly release and suspension of detention in the e#ent of a residual detention sanction belo) 5 yearsI More possibility of carrying out )or6ing acti#ities outside prison for detainees, especially for social )or6sI Measures aimed at social reintegration of former detainees after detention+

5! 4! 4!

?$e pene non possono consistere in trattamenti contrari al senso di umanitJ e de#ono tendere alla rieduca=ione del condannato?+ 2 $a) 2' %uly 1934, n+ 544+ 5 2ecreto del 0residente della -epubblica 50 %une 2000, n+ 250+ 4 $ax decree 1 %uly 2015, n+ 3(, con#erted into $a) 9 August 2015, n+ 94+ 4 $a) 4 2ecember 2004, n+ 241+
1

278102'100*.+doc

5D14

0*452+599#01100

EN

.'6

7econd set of measures: La* 1ecree &684(5&.

,he second set of measures1 )as adopted in /ebruary 2014 in order to comply )ith the recommendations indicated by the *"t&- in the ,orreggiani Audgement+ ,o achie#e this goal, the measures introduced or expanded by this la) follo) t)o main obAecti#esH 1! Measures to reduce prison o#ercro)dingH 1 1 1 1 1 9pecial early release (liberazione anticipata speciale!, namely a reduction of the prison sentence )hich can be ordered by the super#isory Audge in case of good beha#iourI 0robation (affidamento in prova! for detainees )ho still ha#e to ser#e up to 4 years of imprisonmentI 9pecial probation (affidamento in prova in casi particolari!, such as therapeutic probation in a rehabilitation centre for drug1 or alcohol1 addictsI &ome imprisonment (esecuzione presso il domicilio della pena detentiva ! for sentences up to 1( months, )hich becomes no) a permanent measureI *xpulsion as an alternati#e to detention for third1country nationals ( espulsione come misura alternativa!, )hich ma6es less strict the re>uirements for expulsion of third1 country nationals sentenced up to 2 yearsG imprisonment, and allo)s for their identification directly in prisonI *lectronic sur#eillance de#ices ( braccialetto elettronico !, )hich accompany home arrest and home detention, if a#ailable+

1 2!

ntroduction of a system of pre#enti#e and compensatory remediesH 1 %udicial remedy (reclamo giurisdizionale!, )hich replaces the old system ()here complaints by detainees )ere considered under an administrati#e procedure and there )as no obligation for the penitentiary administration to comply )ith the decisions ta6en by the super#isory Audge! by a true Audicial remedy for detainees )ho claim a #iolation of their rights or appeal against a disciplinary measure, considered under a Audicial procedure )hich leads to an order of the super#isory Audge, and )ith a possibility of a compliance procedure in case the order is not follo)ed by the penitentiary administrationI .ational @mbudsman (Garante nazionale dei diritti delle persone detenute !, ne)ly introduced, )ho coordinates the net)or6 of municipal and regional Garanti and has a general role of super#ision and monitoring of prisons, )ith the possibility to ma6e recommendations to the prison administration+ Legislation on drugs

.'9

@n 24 /ebruary 2014, the talian "onstitutional "ourt declared unconstitutional 2 a la) (so1 called E/ini1:io#anardiF la)! of 200' 5 )hich had amended the pre#ious national la) on drugs, eliminating the difference in punishments for offences concerning EsoftF and EhardF drugs+ Bith this amendment, the sanction for people )ho had committed some crimes related
$a) decree 25 2ecember 2015, n+ 14', con#erted into $a) 21 /ebruary 2014, n+ 10+ %udgement 52D2014 of 24 /ebruary 2014+ 5 $a) decree 50 2ecember 2004, n+ 232, con#erted into $a) 21 /ebruary 200', n+ 49+
1 2

0*452+599#01100

4D14

278102'100*.+doc

EN

to the production, use, traffic or detention of drugs )as calculated on the basis of hard substances+ As a conse>uence of the declaration of unconstitutionality of the la), the pre#ious la) on drugs of 1990 applies again, )hich entails a distinction bet)een crimes concerning EhardF drugs, no) punishable )ith imprisonment bet)een ( and 20 years, and EsoftF drugs, no) punishable )ith 2 to ' years imprisonment+ 0re#iously, all cases led to imprisonment for ' to 20 years+ As a conse>uence, sentences might need to be re1determined and many detainees con#icted for offences relating to EsoftF drugs might be released+ Moreo#er, future con#ictions for drug1 related offences )ill be, on a#erage, shorter, )hich )ill also contribute to reduce prisonsG o#ercro)ding+ &o)e#er, the effects of this Audgment on the talian penitentiaries are yet unclear and discussions are still ongoing, in particular on the possibility to re1determine the punishment for detainees )hose sentence has become final+ n any case, this Audgement is #ery li6ely to ha#e a strong impact on the o#ercro)ding, since about one third of prisoners are detained for drug1related crimes+ .'8 Crime of torture

Article 15(4! of the talian "onstitution states that ?Any act of physical and moral #iolence against a person subAected to any restriction of personal liberty shall be punishedF 1+ ,he issue of the introduction of the crime of torture in talian legislation has been debated for more than 20 years+ n its 2012 report on the #isit to taly, the *uropean "ommittee for the 0re#ention of ,orture ("0,! urged taly to introduce, as soon as possible, the crime of torture as a separate crime in its 0enal "ode, ensuring that it is ne#er subAect to a statute of limitations+ &o)e#er, up until no), torture does not exist as a separate crime in the talian 0enal "ode and as a conse>uence, #iolence against detainees is only punishable as ordinary crimes, such as bodily harm, )hich are not prosecuted ex officio unless the medical prognosis of reco#ery exceeds 20 days+ 9ince many detainees are reluctant to lodge a complaint against their guards, many acts of torture remain unpunished+ ,his situation has been raised se#eral times by prosecutors as a significant gap in the penal legislation )hich hampered in#estigation of some acts committed by the penitentiary police to)ards detainees+ @n 4 March 2014, the talian 9enate appro#ed a draft la) for the introduction of the crime of torture in the 0enal "ode+ ,he text has been transmitted to the "hamber for appro#al+ ,he text appro#ed by the 9enate, ho)e#er, substantially differs from the original proposal and from the crime as pro#ided in most Member 9tates, since the crime of torture is introduced as a common crime, )hich can be committed by anyone+ ,he fact that it is committed by a public officer merely constitutes an aggra#ating factor, )hereas in the original proposal it )as a constituti#e element of the crime+ /or this reason, the amended text is being strongly criticised, also for lac6 of compliance )ith the re>uirements of the <. "on#ention against ,orture and @ther "ruel, nhuman or 2egrading ,reatment or 0unishment of 19(4 2, ratified by taly in 19(9+ .'2
1 2

La* on irregular migration

?K punita ogni #iolen=a fisica e morale sulle persone comun>ue sottoposte a restri=ioni di libertJ?+ Article 1 of the <. "on#ention states that ?/or the purposes of this "on#ention, the term ?torture? means any act by )hich se#ere pain or suffering, )hether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of ha#ing committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any 6ind, )hen such pain or suffering is inflicted by or at the instigation of or )ith the consent or ac>uiescence of a public official or other person acting in an official capacity+ t does not include pain or suffering arising only from, inherent in or incidental to la)ful sanctions?+

278102'100*.+doc

4D14

0*452+599#01100

EN

,he so1called Bossi1/ini $a)1 of 2002 established the crime of illegal migration, )hich consisted of irregular entry or stay on talian territory+ @n 2 April 2014, the talian 0arliament adopted an amendment of the la) )hich transforms irregular migration from a crime into a ci#il offence+ .'3 :ther measures under discussion

,he talian 0arliament is currently examining t)o more legislati#e proposals )hich, if adopted, could further contribute to the reduction of prison o#ercro)ding+ A legislati#e proposal already appro#ed in the "hamber and no) under consideration in the 9enate2 is aimed at reducing the application of pre1trial detention, so as to consider a custodial sentence as extrema ratio, to be applied only for most se#ere cases, and use alternati#e measures for the other cases+ Another legislati#e proposal )hich is currently being examined, in a second reading, by the "hamber5 concerns the introduction of alternati#es to detention in prison (such as home detention and house arrest!, measures of de1penali=ation and probation+ /urther )or6 is ongoing to ma6e the procedures for returning third1country national detainees less bureaucratic, also #ia #oluntary return, as )ell as to shorten the length of proceedings+ A proposal initially made by the 0rison administration 2epartment and then endorsed and reinforced by the special committee on o#ercro)ding established by the Minister of %ustice is the introduction of a ne) model of detention4, )hich )ould mo#e from a static to a dynamic sur#eillance, based on more responsibility for detainees and on a more direct contact of the staff (penitentiary agents, educators, psychologist, etc+! )ith the detainees, as )ell as on a number of acti#ities and meetings aimed at studying the dynamic of the groups in order to pre#ent some problematic cases and to better fight recidi#ism+ ,his ne) model also foresees a regime of Eopen cellsF, )here the cells should be open for at least ( hours a day+ Medium security prisoners could then spend more time outside their cells in )or6ing acti#ities, )hich )ould contribute to their re1socialisation+

.';

1ebate on amnesty and general pardon

@n 3 @ctober 2015, 0resident :iorgio .apolitano sent a )ritten message to the talian 0arliament (both the 9enate and "hamber of 2eputies!, stating ?the distasteful truth that Lthe talianM :o#ernment is still failing to guarantee the basic rights of prison inmates a)aiting trial or ser#ing sentences and LregardingM the ruling as a timely reminder of the need to ta6e effecti#e measures to remedy this parlous state of affairs?+ &e also proposed some concrete measures to tac6le the issue of o#ercro)ding, including some extraordinary measures such as amnesty and general pardon+

$a) 50 %uly 2002, n+ 1(9+ $egislati#e proposal A+9+ 1252+ 5 $egislati#e proposal A+"+ 55119231B+ 4 -eport of the "ommissione ministeriale per gli inter#enti in materia peniten=iaria to the Minister of %ustice ?-ela=ione al Ministro di :iusti=ia sugli inter#enti in atto e gli inter#enti da programmare a bre#e e medio termine?, 24 .o#ember 2015+
1 2

0*452+599#01100

'D14

278102'100*.+doc

EN

,he %ustice "ommittee of the "hamber appro#ed a report on this issue on 2( .o#ember 2015 1 and on 4 March 2014 the "hamber appro#ed a resolution sharing the findings of the report 2+ ,hese clemency measures pro#ed to be #ery contro#ersial topics )ithin the talian 0arliament and the public society+ 6' !risons visited by the delegation

,he delegation #isited three prisonsH "asa "ircondariale -ebibbia .uo#o "omplesso (so1 called ?-ebibbia :iudi=iario?! and "asa "ircondariale -ebibbia /emminile (female prison! in -ome, and 0oggioreale prison in .aples+ 6'& Casa Circondariale Rebibbia <uovo Complesso

,he "asa "ircondariale -ebibbia .uo#o "omplesso, also called ?-ebibbia :iudi=iario?, is located in the suburbs of -ome+ ,his prison is exclusi#ely for men+ &a#ing a capacity of about 1,200 places, it is hosting 1,301 detainees, of )hom 1,043 talians and '44 foreigners (249 *< citi=ens and 594 third1 country nationals!+ Among the prisoners, 9'4 (i+e+ about '0;! are con#icted )ith a final sentence+ ,he others are either remand prisoners or ha#e been con#icted but their sentence is not final, because they are a)aiting the outcome of an appeal+ ,he prison includes 540 single cells and 519 multiple cells+ t includes among others a section for high security prisoners (different le#els of security, including the so1called ?41 bis? regime!, a section for transsexual detainees, and a section for drug addicts+ n this prison some re1socialisation acti#ities are carried out, for instance )or6ing acti#ities (mainly domestic )or6s inside the prison but also a fe) Aobs for external companies, such as a call centre!, #ocational training, education and recreational acti#ities (sport, theatre, music!+ 9ome educational acti#ities of different le#el are follo)ed by 445 detainees+ '40 penitentiary policemen )or6 in this prison, as )ell as 14 educators+ A psychologist sees the detainees at the moment of their arri#al and regularly during their first t)o months of their stay+ ,here is a green area for the family #isits, )hich is dedicated to meetings )ith children under 12 years and a#ailable to the other detainees once per month to meet their families+ ,here is one central 6itchen for all detainees, )ho recei#e the food and eat it in their cells+ ,hey ha#e, ho)e#er, the possibility to buy ingredients and coo6 in their cells+ A generalist doctor is a#ailable 24D24h, )hereas specialists are present in the morning+ ,he main problems in this prison are the lac6 of common spaces for socialisation acti#ities, the need for restructuring and maintenance in a number of areas, the need for more staff employed, and the need for impro#ed healthcare+ 6'( Casa Circondariale Rebibbia Femminile

,he "asa "ircondariale -ebibbia /emminile is a female prison )ith a capacity of approximately 240 but hosting 5(4 detainees, of )hom 194 talians and 190 foreigners (mainly from -omania, Bosnia &er=ego#ina and the former Nugosla#ia!+ Among the prisoners, 43 are aged less than 24 years, 154 are drug addicts and 24 are detained in high security regime+ 19 prisoners are detained together )ith their 19 children, aged until three years, )ho attend a state1run nursery outside of the prison premises in the morning+ ,he main
1 2

2oc+ 2oc+ O7 n+ 1, 2( .o#ember 2015+ -esolution .o+ '100049, 4 March 2014+

278102'100*.+doc

3D14

0*452+599#01100

EN

crimes )hich led to their detention are drug1related crimes, theft and robbery+ 2etainees under high security regime are mainly con#icted for blood crimes and crimes related to criminal associations+ ,his prison, compared to -ebibbia .uo#o "omplesso, loo6s more children1friendly, and pro#ides child1appropriate food and paediatric health care )ith a paediatric doctor present t)ice a )ee6+ n this prison some re1socialisation acti#ities ta6e place and more are planned for the near future+ 9ome )or6ing opportunities had to be cut due to the lac6 of funding+ ,he prison staff is made up of 130 members of the penitentiary police, out of )hich 40 are men and 150 )omen+ ,he main problems in this prison are lin6ed )ith o#ercro)ding, the pro#ision of healthcare, and the more fundamental problem of the presence of #ery small children in a prison establishment+ 6'.' !oggioreale

0oggioreale is an old prison, )hich )as built in 190( and is located in the centre of .aples+ t is #ery )ell 6no)n in .aples, especially due to the long >ueues of family members of the detainees #isible on the streets as of early morning, )aiting to be able to #isit the detainees+ 0oggioreale prison consists of 12 buildings and has a capacity to host about 1,400 detainees+ &o)e#er, the number of detainees hosted in this prison is 2,544, of )hich (00 are in pre1trial detention and (40 are con#icted )ith a final Audgement+ ,he rest is made of people )ho ha#e appealed or claimed against a first or second instance decision+ *ach cell hosts bet)een ' and 12 detainees, )ith a #ery limited li#ing space per detainee+ 0risoners spend 22 hours a day in their cells, ha#ing one free hour in the morning and one in the afternoon, )hich they spend in a courtyard of inade>uate si=e for such a large number of people+ 9ome of them spend 24 hours a day in their cells and ne#er go out+ Moreo#er, the structure has no common spaces )hich can be used outside the cells, since e#ery room is used to stoc6 additional beds+ ,his also creates problems due to lac6 of light and #entilation+ @nly #ery fe) cells ha#e a sho)er and most detainees ha#e to share a common sho)er (in a building #isited by the delegation, there )ere 5 sho)ers for (3 detainees!+ As a conse>uence, they are entitled to t)o sho)ers per )ee6+ n some buildings there is no heating and no )arm )ater+ ,here are only t)o 6itchens for the )hole establishment and no thermic boxes are a#ailable to transport it, therefore most detainees recei#e cold food+ 5,4 euro is the amount spent to prepare brea6fast, lunch and dinner for a detainee+ As a conse>uence of the food being cold and of #ery poor >uality, many detainees coo6 themsel#es on rudimentary heaters in the bathrooms+ ,here are almost no training opportunities or social acti#ities and #ery fe) inmates are in#ol#ed in some )or6ing acti#ities+ ,he number of educators and staff is not sufficient to deal )ith so many people+ &ealth care in this prison is #ery poor, also due to the lac6 of resources and to a big turno#er of detainees, since all ne) detainees are subAected to a medical #isit+ ,he se#ere o#ercro)ding and the #ery poor hygienic conditions facilitate the spread of diseases+ n particular, drug addicts do not recei#e appropriate therapy+ 0risoners may be put in isolation cells for health or disciplinary reasons+ A number of detainees )ith psychiatric problems )ere found to be detained in isolation cells+ 9uicides, attempted suicide and acts of self1harm are #ery fre>uent+ An attempted suicide by a detainee occurred only one hour before the delegation entered the prison premises and )as reported by his cellmate+
0*452+599#01100 (D14 278102'100*.+doc

EN

,he delegation )as made a)are of the alleged existence of a E"ell =eroF in 0oggioreale prison, an empty room )here a number of prisoners )ould ha#e been beaten by prison police+ ,he issue is currently under Audicial in#estigation further to a number of complaints by detainees for ill1treatment+ Additionally, the penitentiary staff is strongly affected by the difficult situation, being understaffed, depri#ed of ade>uate resources and subAect to #ery exhausting )or6ing times+ n some buildings, one single penitentiary agent is responsible for the sur#eillance of up to 120 detainees in #ery difficult conditions+ A high number of suicides among the penitentiary staff )as also reported ((0 suicides by agents in the last 10 years, out of )hich 29 in the last three years!+ 9' Conclusions

,he *0 delegationH 1 Ac6no)ledges the efforts made by the talian authorities to sol#e the problem of o#ercro)ding, put in place to comply )ith the ,orreggiani pilot Audgement of the *"t&-+ 2 0oints out, ho)e#er, that much more needs to be doneI therefore urges the talian authorities to continue and increase their efforts in this sense+ 5 9tresses that respect for human dignity must al)ays constitute the minimum standard of treatment of detainees+ 4 <nderlines that material detention conditions need to be #igorously impro#ed, especially in 0oggioreale prison+ 4 Affirms the need for all prisoners to spend enough hours per day out of their cell+ 9tresses that an increased time spent out of the cell has pro#en positi#e effects in the pre#ention of recidi#ism+ ' 9trongly urges the talian authorities to impro#e the programme of acti#ities for prisoners, pro#iding in particular for )or6 opportunities and #ocational training acti#ities, )hich are gra#ely lac6ing especially in 0oggioreale prison+ 3 Belcomes the prison plan adopted by the talian go#ernment+ 0oints out, ho)e#er, that the construction of ne) prisons only constitutes a complementary solution and stresses the urgent need to reduce the number of detaineesI ( "alls on the talian authorities to find a suitable solution for detainees )ho are currently ser#ing for drug1related crimes a much higher sentence than the one they )ould recei#e after the declaration of unconstitutionality of the drugs la) by the talian "onstitutional "ourtI 9 s #ery much concerned about the )ide use of pre#enti#e detention in taly, )hich is contrary to the principle of presumption of innocence, and urges the talian authorities to reduce its application+

278102'100*.+doc

9D14

0*452+599#01100

EN

10 <rges the talian authorities to increase the application of alternati#e, non1custodial measures for prisoners )ho are not socially dangerous+ 11 Belcomes the proposal to mo#e to)ards a ne) model of detention based on dynamic sur#eillance and more responsibility for detainees+ 9tresses, ho)e#er, that such a model, to be effecti#ely applied, needs logistic changes and a reorganisation of the detention facilities+ 12 <rges the talian authorities to find a suitable solution for small children currently detained )ith their mothers, )ho constitute a particularly #ulnerable group+ 15 Belcomes the appro#al by the 9enate of the draft la) introducing the crime of torture into the talian 0enal "ode and urges the "hamber to appro#e it as )ell+ 0oints out, ho)e#er, that the fact that torture is committed by a public officer should be preferably a constituti#e element of the crime, instead of a mere aggra#ating factor+ 14 n#ites the Minister of %ustice to conclude agreements )ith all talian regions to ensure the establishment a therapeutic structure for detainees )ho are drug addicts+ 14 n#ites the .ational authorities to cooperate closely )ith local authorities to offer shelters to people )ho could ser#e their sentence in house arrest or house detention, but ha#e no place to stay+ 1' n#ites the talian authorities to appoint as soon as possible a .ational Garante dei diritti delle persone detenute (@mbudsman!, )ith guarantees of independence and the necessary po)ers to carry out his tas6s+ 13 9tresses the crucial role of sur#eillance Audges to control life conditions in penitentiary institutes and to super#ise the enforcement of sentencesI encourages them, as prescribed by the ,orreggiani Audgment, to ma6e larger use of alternati#e measures to detention, playing a proacti#e role for the determination of the detention conditions+ 1( "ondemns the use of #iolence against detainees, and urges the talian authorities to ta6e the necessary measures against people held responsible of such #iolence+ 19 *ncourages the talian authorities to support acti#ities of re1socialisation in prisons, as )ell as training proAects on aggressi#eness and #iolence+ 20 *ncourages the )or6 carried out by the talian authorities on the remedies for o#ercro)dingI stresses, ho)e#er, that a compensatory remedy is not sufficient to tac6le the problem of o#ercro)ding and that pre#enti#e remedies are urgently needed+ 21 n this spirit, recommends the introduction of a safeguard clause to a#oid that sentences are carried out in #iolation on the rights of detainees+ 22 -ecommends increased training of police officers, notably on ho) to deal )ith foreigners, detainees )ith psychiatric problems and other #ulnerable groups+ 24 n#ites the "ommittee on "i#il $iberties, %ustice and &ome Affairs to continue in#estigating on the prison situation in Member 9tates in order to assess detention conditions+
0*452+599#01100 10D14 278102'100*.+doc

EN

24 ,o that aim, in#ites the "ommittee on "i#il $iberties, %ustice and &ome Affairs to impro#e its cooperation )ith the "ommittee for the 0re#ention of ,orture ("0,! and other rele#ant bodies of the "ouncil of *urope on the issue of prisons situation in the *<+

278102'100*.+doc

11D14

0*452+599#01100

EN

A<<"= I: FI<AL !R:$RA>>" :F )H" 1"L"$A)I:<

Wednesday, 26 March 2014
Suggested flights from Brussels on 26 March: Brussels - Rome Fiumicino 07:35-09:40 (Brussels Airlines SN3175) (Alternatively: Ryanair flight Brussels Zaventem - Rome Fiumicino 09:40-11:45 11:45 - 1!:"0 1!:"0 - 1":"0 1":"0 1":"0 - 14:00 14:00 ( 15:00 Bus transfer to the hotel1 #n$ivi$ual lunch arrangements %eeting in the hotel lo&&y 'ransfer to the meeting venue! Briefing &y %auro )A*%A+ )resi$ent of the ,ouncil for )enological ,o-o-eration (),-,) of the ,ouncil of .uro-e+ )resi$ente $ella ,ommissione ministeriale -er gli interventi in materia -eniten/iaria (0-ecial ,ommittee on the overcro1$ing of -risons + former )resi$ent of the ,ommittee for the )revention of 'orture of the ,ouncil of .uro-e 'ransfer to Re&i&&ia -rison" 3isit of Re&i&&ia -rison an$ Briefing &y the 4i-artimento $ell5Amministra/ione )eniten/iaria+ 4A) ()rison a$ministration 4e-artment : 12:"0 - 19:00 19:00 - !0:00 ,asa ,ircon$ariale Re&i&&ia 6uovo ,om-lesso (7Re&i&&ia 8iu$i/iario7 49 ,asa ,ircon$ariale Re&i&&ia Femminile 5

15:00 ( 15:"0 15:"0 - 12:"0

'ransfer to the meeting venue: 0tate of -lay of -rison reform: %eeting 1ith: An$rea ;R*A64;+ %inister of <ustice9 8iovanni 'A%B=R#6;+ 4irector of 4i-artimento $ell5Amministra/ione )eniten/iaria+ 4A) ()rison a$ministration 4e-artment 9

!0:00 - !0:15 !0:15

'ransfer to the hotel #n$ivi$ual $inner arrangements

1 2 5 4 4 '

>orl$hotel Ri-a Roma+ 3ia $egli ;rti $i 'rastevere " - 0015" Roma? 3enue: 0ala $ei %osaici+ .) office+ 3ia #3 6ovem&re+ 149+ #-0012@ Roma? 3ia Raffaele %aAetti+ 1:5+ 0015: Roma 3ia Raffaele %aAetti+ @0+ 0015: Roma? 3ia Bartolo *ongo+ 9!+ 0015: Roma? 3enue: %inistry of <ustice+ 3ia Arenula+ @0+ 0012: Roma?

0*452+599#01100

12D14

278102'100*.+doc

EN

Thursday, 27 March 2014

02:00 02:00 - 02:"0 02:"0 - 09:"0 %eeting in the lo&&y of the hotel 'ransfer to the meeting venue1 %eeting 1ith *uigi %A6,;6#+ ,hairman of the ,ommissione straor$inaria -er la tutela e la -romo/ione $ei $iritti umani (0enate ,ommission for Buman Rights 'ransfer to the meeting venue! *egal coo-eration an$ the -reservation of -risoners5 rights in the #talian )risons system an$ -re-trial an$ -rison regime of foreigners? %eeting 1ith: )atri/io 8;66.**A+ -resi$ent of Antigone+ Association for the rights of $etainees9 8iovanna 4# R;0A+ magistrate+ mem&er of ,onsiglio 0u-eriore $ella %agistratura (,0% - the 0u-erior ,ouncil of %agistracy 9 %arco B.R';*=ZZ;+ 8ru--o A&ele9 0tefano A6A0'A0#A+ Researcher s-ecialise$ in the -rison system+ =niversity of )erugia9 Rita B.R6AR4#6#+ 6on c5C )ace 0en/a 8iusti/iaD6o )eace >ithout <ustice9 1!:00 - 1!:"0 1!:"0 - 1":40 1":45 - 15:00 Bus 'ransfer *unch" 'he legislative -rocess in vie1 of im-roving the situation of -risoners+ human rights an$ relate$ Au$icial coo-eration

09:"0 -10:00 10:"0 - 1!:00

%eeting 1ith %em&ers of the #talian )arliament+ ,amera $ei 4e-utati D 0enato $ella Re-u&&lica 4: - ,ommissione 8iusti/ia (,amera ,ommission for <ustice - ,ommissione 8iusti/ia (0enate ,ommission for <ustice - ,ommissione )olitiche $ell5=nione euro-ea (0enate ,ommission for .= -olicies - ,ommissione )olitiche $ell5=nione euro-ea (,amera ,ommission for .= -olicies 15:00 - 15:"0 15:45 - 1::55 1::55 - 1@:!5 'ransfer to Roma 'ermini train station 'ransfer to 6a-les &y train (6a-oli ,entrale station 'ransfer to the hotel an$ meeting venue 5

3enue: 0enato $ella Re-u&&lica+ Aula $ella ,ommissione Affari euro-ei+ )ala//o ,enci+ )ia//a 0? .ustachio "+ Roma? 2 3enue: 0ala $ei %osaici+ .) office+ 3ia #3 6ovem&re+ 149+ #-0012@ Roma? 5 Restaurant Arman$o al )antheon+ 0alita $C ,rescen/i+ "1+ 0012: Roma? 4 3enue: 0enato $ella Re-u&&lica+ Aula $ella ,ommissione 4ifesa+ 3ia $egli 0ta$erari !+ Roma? 4 Renaissance 6a-les Botel %e$iterraneo+ 3ia )onte $i 'a--ia !5+ 201"" 6a-oli?

278102'100*.+doc

15D14

0*452+599#01100

EN

1@:"0 - 19:00

'he con$itions of -risoners in southern #taly - #m-roving the con$itions for an effective 1orE in -risons? %eeting 1ith: %ario BAR;6.+ )resi$ente $i Antigone ,am-ania (local Antigone &ranch *oren/o A,A%);RA+ Re-resentative of A/ien$a 0anitaria *ocale $ella ,am-ania (A0* (regional &o$y res-onsi&le for health care in -risons .milio FA'';R.**;+ Re-resentative of 0in$acato Autonomo )oli/ia )eniten/iaria - 0A)). (tra$e union of -rison staff )a$re Franco .0);0#';+ ,ha-lain of )oggioreale -rison ,arminantonio .0);0#';+ )resi$ente $el 'ri&unale $i 0orveglian/a $i 6a-oli ()rosecutor res-onsi&le for the eFecution of -rison sentences

19:00 - !0:00

'he eFecution of sentences an$ the rights of $etainees an$ reman$ $etention %eeting 1ith A$riana ';,,;+ 8arante $ei $iritti $elle -ersone -rivate $ella li&ertG -ersonale+ Regione ,am-ania

!0:00

#n$ivi$ual $inner arrangements

Friday, 28 March 2014

02:10 02:15 - 02:"0 02:"0 - 09:"0 09:"0 - 10:00 10:00 - 1!:00 %eeting in the lo&&y of the hotel 'ransfer to the meeting venue1 %eeting 1ith *uigi 4. %A8#0'R#0+ %ayor of 6a-les 'ransfer to )oggioreale -rison! 3isit of )oggioreale )rison+ 6a-les - Briefing &y )rison a$ministration - %eetings 1ith -risoners 1!:00 - 1!:"0 1!:"0 - 14:15 14:15 - 14:"0 Bus transfer" *unch an$ $e&riefing 'ransfer to the hotel

14:40 #n$ivi$ual arrangements for transfer to the air-ort

Suggested flight back from Naples to Brussels Naples In erna ional Airpor (!ia "unic#) - Brussels 17:30-$$:50

1 2 5

3enue: 0ala 8iunta+ )ala//o 0an 8iacomo+ )ia//a %unici-io+ 201"" 6a-oli? 3enue: 3ia 6uova )oggioreale+ 2014" 6a-oli? 3enue: 'rattoria %e$ina+ via %e$ina "!+ 6a-oli?

0*452+599#01100

14D14

278102'100*.+doc

EN

A<<"= II: LI7) :F !AR)ICI!A<)7

OFFICIAL MEMBE ! OF T"E E# O$EA% $A LIAME%T %a&e Fu** Me&+ers. 1? !? "? %r <uan Fernan$o *H).Z A8=#*AR Chair of the LIBE Committee !ead of "elegation %r FranE .68.* %s Jinga 8K6,Z 0I4 .)) 0I4 %em&er %em&er %em&er .0 *= B= 'r(u)1 Fu** Me&+er, !u+s-i-u-e C(un-ry

Acc(&)anyin/ Me&+ers. 4? %r 0alvatore #A,;*#6; .)) %em&er #'

!TAFF OF T"E $OLITICAL ' O#$! %a&e 5? :? %r An$ris ).'.R0;60 %s 0ofia A0'.R#A4# .)) 0I4 'r(u)

!TAFF OF T"E E$ !EC ETA IAT @? 2? %s %aria 8A64;*F; %s %ichela *=,,B#6# A$ministrator Assistant

I%TE $ ETATIO% 9? 10? 11? %s 4aniela ZA66.**# (#eam leader %s Anna ,;**#60 %A6# %s ,lau$ia R#,,#

.6-#'

TEC"%ICAL !#$$O T 1!? %r 'imo AB;6.6 'echnician

0' COMM#%ICATIO%2 1"? %r 4aniel RA,'*#FF. #nformation ;ffice in #taly

E$$ %roup of the European $eople&s $art' (Christian "emocrats) S " %roup of the $rogressi*e +lliance of Socialists and "emocrats in the European $arliament 2 Only for the visit of Rebibbia prison.

278102'100*.+doc

14D14

0*452+599#01100

EN