Following the downturn in 2020, coinciding with the onset of the pandemic, Italian prisons are once again becoming increasingly crowded. He Guarantor of the rights of persons deprived of personal liberty Mauro Palma presented the Annual Report to Parliament, in the presence of the President of the Republic Sergio Mattarella.
According to the report of the Guarantor of the rights of persons deprived of personal liberty Mauro Palma, dei 53793 inmates (for a capacity of approximately 47,000 real seats available) present in Italian prisons and of the 38,897 serving a final sentence, “they are even 1,319 who are in prison for serving a sentence of less than one year and another 2,473 for a sentence of one to two years. In total, 7% of the total. For Palma, “it is superfluous to ask what may have been committed by the crime that the judge has considered worthy of such a short prison sentence; It is quite important to find that his execution in prison, even in a legal system like ours that provides alternative forms for short and medium sentencesit is a symptom of a social minority that is also reflected in the absence of tools to understand these possibilities, of effective legal support, of a support network. “
In Italian prisons, from suicides to torture
The Guarantor also drew attention to the suicides in prison – 29 to date only in 2022 plus 17 deaths from causes to be determined- and about the violence that occurred for example Santa Maria Capua Vetere, which, according to Palma, requires “the ability to quickly ascertain and quickly identify responsibilities also of the protection of persons against whom such a severe charge is pending torture or the equally serious one of helping and fulfilling the accused of this crime ”. The guarantor presented the report to Parliament which offered a view of the sentence in accordance with the provisions of our Constitution in Article 27: “The prison sentence should be minimized, infractions and sanctions must be reduced to those strictly necessary. Social marginality must be transferred to the world of welfare, explains Mauro Palma. It is with social tools, and not criminals, that it must be addressed.
Guarantee against impediment reform of the perpetual chain
The Guarantor also criticized the text published by the House on the dayLife imprisonment, that is, the impossibility of interrupting the prison sentence in cases where the offender, for example for mafia crimes, does not want to cooperate with justice. The reform will have to be approved by the Senate before November 8, in compliance with the new term that the Council has given to the Houses – which would introduce “decidedly worse provisions with respect to the discipline on which it intervened”. As of March 31, 2022, they are 1,822 people sentenced to life imprisonmentof which 1,280 to life imprisonment: “It is frankly difficult to return this work of reform to the principles and parameters of review of the absolute executions provided for in Article 4-bis of the penitentiary system, the first, and indicates, the second, of the sentence of the Council “, writes the Guarantor, who also informs of the increase of the term, from 26 years to 30, to accede to the request of conditional release of the condemned to the life imprisonment ‘impediment’ and the one of duration of the parole, increased from 5 years to 10. “The point that seems to be more tense than the Court’s instructions, lies precisely in the conditions prescribed for access to any benefit – all, including premium permits – or alternative measures provided by law, as well as freedom conditional. . A complex series of probative compliments that are difficult if not impractical to fulfill and that, above all, address the past, the story of the person often condemned in a distant time as well as prognostic predictions that look so much like a devil. test “.
Prison and migration: in the Cpr, long stay and 49% repatriation
The National Guarantor of the Rights of Persons Deprived of Personal Freedom also raises the alarm about the state of the repatriation centers, also crowded: “The percentage of repatriations with respect to the stay in repatriation centers has not changed: currently in the 10 Cpr, with a total capacity of 711 seats, has remained around the 49% of people were restricted, on average for 36 days. This raises the question of the legitimacy of this detention when it is already clear a priori that repatriation to this particular country will not be possible. “
In front of dthe 44,292 people registered in the hotspots during 2021 – including 8,934 minors – 3,420 people were repatriated. The hotspot registration data is again similar to that of 2017, “but the issue – denounces the Guarantor – continues to be addressed, in its persistent improvements and problems, in terms of emergency and non-structural: as if still a new problem, with regard to the development of a solid and non-conjunctural policy, at Italian and European level.The current modality, consisting of hotspots, CPR, repatriation attempts, asymmetric figures between arrivals, repatriations and positive insertions in the community, it caused a lot of unnecessary suffering and great waste of resources, people and money it does not have the characteristics of an effective “policy” adopted in the face of a theme that will not diminish in the coming years and that, on the contrary, will increase in size also taking into account the numerous armed conflicts in the various regions of the planet. in particular, the last one closest to us. “