From the overcrowding of prisons to the considerable number of suicides, through the incompleteness of the regulatory process initiated with the constitution of the Rems (Residences for the execution of security measures), there are several critical issues that arose from the “Report to Parliament 2022” of the National Guarantor of the Rights of Persons Deprived of Personal Freedom, presented to the Senate on June 20 by President Mauro Palma. In this regard, first of all, one cannot fail to put the magnifying glass on the “numerical analysis of the prison”, in relation to which not only the known problems “of theagglomeration of structures“, The” unacceptability of many of them both for those who are restricted to them and for those who work there every day “and their” spatial inadequacy for a criminal execution of constitutional orientation “, but also the” accentuation of the presence of the social minority “. in prison.”
In fact, the presentation document states that of the 54,786 people registered (corresponding to 53,793 people actually present) and of the 38,897 who are in criminal execution, “1319 are in prison for serving a sentence of less than one year and another 2,473 for a sentence of one to two years ”. Leaving aside “what could have been the crime of committing what the judge considered worthy of such a short prison sentence,” it is precisely “important to note that his execution in prison, even in a legal system such as ours, which provides alternative forms for short and medium sentences, is a symptom of a social minority that is also reflected in the absence of tools to understand these possibilities, effective legal support, a support network. ” Quite questionable arrests, then, materializing “only in vital time left to normal” and being “vital interruptions probably destined to be repeated in an unacceptable sequence.”
The paper also focuses on “A discomfort very present in the adult detention system,” that is, gestures of self-harm and, above all, suicide.: 29 so far plus 17 deaths from causes to be determined. In this sense, it is stressed that the age and fragility, often already known, of the authors of these definitive gestures represent “a warning” and “question us not to blame ourselves, but for the necessary reflection on what to learn from facing the future “. of these inscrutable subjective decisions, what to learn to reduce the risk of their recurrence. “
After that, special attention is paid to the Rems, the health centers for criminals who suffer from mental and socially dangerous disorders (subject to which the Independent we have devoted some research, ed). “The National Guarantor is well aware of thisincompleteness of the normative and execution process initiated with the law that provided for these residences“, The document is read, which speaks of” a path marked above all by the conceptual error of those who configure them as mere replacement structures for disused judicial psychiatrists and not as an extreme measure within a global project to make – takes charge of the person who committed the crime and declared not criminally responsible “. In fact,” the recent sentence that provided for internment in Rems for thirty years for a perpetrator of double homicide for thirty years does not find any justification from the from a health point of view because in these terms no treatment and recovery intervention can be implemented and it seems to remember only the prognostic logic of social danger “. In any case, however, on the one hand the presence of oars in the territory should be “redefined”being “insufficient in some specific areas”, and on the other “valuing the excess of recourse to this measure”.
Finally, we talk about the issue of migrants and the “hotspots”, with respect to which “the registration data returned similar to those of 2017, but with a prevalence of presences in Lampedusa equal to four times that achieved in that year”. In addition, “the percentage of repatriations has not changed with respect to the stay in the repatriation centers (CPR)”, which “currently in the 10 Centers, with a total capacity of 711 places, has remained around 49% of restricted people “. , on average for thirty-six days ”, which“ opens 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 ”. Obviously, it should be noted that “so-called ‘appropriate structures’ have recently been incorporated into the Centers”, where “people to be repatriated may be detained for lack of easy availability of the Centers”. However, the critical problems for the president are back, with the migration issue that “continues to address, in its improvements and persistent problems, in terms of emergency and non-structural: as if it were still a new problem, with respect to which a solid and non-cyclical policy must be developed at Italian and European level ”.
[di Raffaele De Luca]