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Italy

Capital city — Rome

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People desiring to work must sign up for a waiting list.

Most of the proposed jobs are in the scope of general service: cooking, meal distribution, maintenance, and laundry.
Some prisoners are assigned secretarial jobs or are tasked with writing documents for other prisoners.
However, the administration has its own fabrication workshops, for uniforms or furniture for example. 1

  1. Ministry of Justice, Lavoro dei detenuti, 2019. ↩

  • A workshop to manufacture shirts for prison officers opened in the Santa Maria Capua Vetere prison.

    i
    12/12/2022
    / Ansa.it

  • Prisoners produce wine on the island of Gorgona under the direction of Lamberto Frescobaldi. The 90 prisoners live alongside the island’s 17 residents and a few guards. They can work there for five years at the end of their sentences. They learn bricklaying, winemaking and winegrowing. Prisoners assigned to winemaking receive minimum wage.

    i
    01/03/2022
    / Decanter

  • Thirty or so prisoners from the Bollate prison are in danger of losing their jobs at a call centre. The telecommunications companies are refusing to renew their contracts. The initiative, which began in 2007, was created with the bee.4 Altre menti cooperative, considered a model for its reintegration work in professional and social fields.

    i
    26/01/2022
    / Ansa It

  • Around 2,000 prisoners work in a network of forty production cooperatives specialising in food and fashion accessories (handmade jewellery, artisanal products, local wines). About half of them work via day placement outside of the prison on farms or in wineries or neighbouring towns. The prisoners gain new skills and receive the same salary as other workers outside of prison. The products are stamped “made in Carcere” (made in prison) and sold in a specialty shop. A shop assistant explains, “I always want to tell customers the history behind the products […] The goal is to show that another life is possible.” A former prisoner states, “Personally, if I hadn’t had this experience, I don’t think I would have progressed [after prison]. I still work with them today.”*

    i
    24/01/2022
    / Open Democracy free thinking for the world

The prison service offers activities to prisoners

yes

The prison service is required to organise cultural, physical, and recreational activities (Article 27 of the Prison Rules). The number and quality of the activities depends on several factors: the involvement of external participants, the goodwill of the warden, and local institutions. AS or 41-bis prisoners are not authorised to participate in communal activities with the others.

  • Theatre, cinema, poetry, and ceramics workshops are being organised in Ancona prisons. This initiative will culminate in the production of a show at the Politeama theatre in Fano on 15 December.

    i
    06/12/2022
    / Ansa.it

  • Poetry and rap workshops are now available in the juvenile prison of Catanzaro. A new library has also been opened.

    i
    01/12/2022
    / Ansa.it

  • The head of the Ravenna facility asked the Luigi Cherubini Youth Orchestra to perform for the prisoners. The concert was held during the Musica senza barriere (Music without Barriers) festival. The prefect, local representatives and law-enforcement agencies attended the performance with the prisoners.

    i
    02/08/2022
    / Ansa.it

Drinking water is free and available in all areas of the facilities

yes

The NPM indicated that water accessible to prisoners is poor quality.[^ note] According to Antigone’s 2021 report, Capua Vetere prison has serious structural problems due to the lack of a water connection. The water is not drinkable. Every day, two two-litre bottles are provided to the prisoners.

[^ note]: National guarantor of the rights of persons detained and deprived of their liberty, Norm and normality. Criminal detention (Norme e normalita. L’esecuzione penale detentiva degli adulti), 29 January 2018, pp. 25-26 (in Italian).

  • Prisoners at the Santa Maria Capua Vetere prison have access to drinkable running water for the first time in 26 years. Drinking water had previously been distributed in bottles or stored in cisterns.

    i
    21/12/2022
    / Ansa.it

Variation in the number of suicides

increase of 35.9%

In 2015, there were 39 suicides in prison.

  • A total of 583 suicides were recorded in prisons between 2012 and 2022.

    i
    06/12/2022
    / Ansa.it

Every prison facility has a health care unit

yes

Each facility has an infirmary and a pharmacy (Article 11 of the Prison Rules).

  • A unit dedicated to the treatment of neurological conditions was opened at the Bari facility. Prisoners can now consult a team made up of a neurologist, a neuropsychologist and a cardiovascular specialist. This unit was opened as part of the “Brainspace” project, implemented by the prison service in partnership with the region’s health services.

    i
    09/07/2022
    / Ansa.it

Prisoners are allowed to receive visits from their children or minor relatives

yes, and special arrangements are provided

Associations are authorised to accompany children during visits with their detained parent.

  • A project proposed by the Biella prison aims to promote the bond between parents and children. Specific activities are organised, such as a football match on 25 June between prisoner fathers and their children. The goal is to encourage positive relationships between prisoners and their relatives.

    i
    18/06/2022
    / NewsBiella

Prisoners have access to computers

in some facilities

In some facilities, prisoners following a university programme can use computers.1

  1. Antigone, Fifteenth Report on Prison Conditions, 2019 (in Italian). ↩

  • A classroom fitted with computers was installed at the Borgo San Nicola prison in Lecce for prisoners enrolled in a course at the University of Salento. This is the first such initiative in the Puglia region.

    i
    09/05/2022
    / Ansa.it

Prisoners are allowed to pass diplomas and entry examinations

yes

  • Operator’s certificates for masonry and sealing construction were awarded to 21 prisoners at the Castrovillari facility. This certification is recognised in the labour market. Some prisoners who have earned it were immediately hired by the companies that provided the training.

    i
    15/07/2022
    / Ansa.it

Number of medical staff (FTE)

3,162

i
2008
/ World Health Organization, Health in Prisons, 2019

The most recent national data is from 2008. Health in prisons thereafter became the responsibility of local services, which do not publish statistics for the entire nation.

  • The Guarantor of the Rights of Persons Detained or Deprived of Liberty for the Abruzzo region visited the Sulmona facility. He was accompanied by the vice-president of the regional council. The regional guarantor recommended the hiring of additional health care staff, as they are understaffed at the facility. He also recommended that medical equipment be upgraded, prisoners’ medical files digitised, and remote consultations implemented.

    i
    09/08/2022
    / Ansa.it

The NPM reports are made public

yes

Annual NPM reports are handed over to Parliament between March and April, and subsequently published online. Each site visit is subject to a report.

  • The National Guarantor of the Rights of Persons Detained or Deprived of Liberty published its annual report to Parliament and presented it to the Senate on 20 June 2022. The head of state, Sergio Mattarella, was in attendance.

    i
    20/06/2022
    / Garant national des droits des personnes privées de liberté (Garante Nazionale dei diritti delle persone private della libertà personale)

If so, the prison service must notify a judicial authority

yes

  • Numerous prisoners were victims of violence at the Santa Maria Capua Vetere facility in April 2020. The 105 security staff members accused of these events have been indicted. Over half of them were accused of torture. The National Guarantor of the Rights of Persons Detained or Deprived of Liberty, associations and around 90 prisoners have instituted civil proceedings.

    i
    12/07/2022
    / Ansa.it

Number of deaths attributed to suicide

53

i
2019
/ Ministry of Justice

  • A 27-year-old prisoner was found dead in her cell at the Verona prison. She seems to have died by suicide via the inhalation of gas from the portable stove located in her cell.

    i
    11/08/2022
    / L'Opinion

  • The National Guarantor of the Rights of Persons Detained or Deprived of Liberty reported 29 suicides between January and June 2022.

    i
    20/06/2022
    / Il fatto quotidiano

Mothers are allowed to keep their children with them

yes, until three years of age

  • A text prohibiting the incarceration of children when their mother is in prison will be presented to the House of Representatives. The bill had been approved by the Justice Committee (commissione Giustizia).

    i
    03/05/2022
    / Ansa It

Suicide prevention policies are implemented

yes

The prison service has implemented national and regional suicide prevention plans. They promote the collection of data on local, regional and national scales, which should enable suicidal tendencies to be detected. At-risk prisoners receive psychological support from professionals and volunteers. They can also qualify for additional visits and telephone calls. The prison staff is required to remain vigilant to identify high-risk situations.1

  1. Ministry of Justice, National plan to prevent suicidal behaviour (Piano nazionale per la pevenzione delle condotte suicidarie nel sistema penitenziario per adulti), 2017 (in Italian). ↩

  • A prisoner tried to commit suicide, but the alert given by his fellow prisoners allowed prison staff to intervene in time.

    i
    27/04/2022
    / Ansa It

In 2020, the CPT reported violence and ill-treatment towards prisoners in the facilities they had visited. The acts were usually committed out of sight of video surveillance, for example in the staircases.1
In 2021, numerous allegations of violence, torture, abuse and ill-treatment have resulted in investigations, criminal proceedings and indictments against prison officers. The NGO Antigone joins 18 of these criminal proceedings. According to the NGO, some of the facts are related to alleged violent reactions during prison riots between March and April 2020, that took place as a response to the fear generated by the COVID-19 pandemic and the ban on family visits. In December 2021, the Public Prosecutor requested the indictment of 108 prison officers for the violence committed against the prisoners of the Santa Maria Capua Vetere prison. This violence had broken out on 6 April 2020, in the wake of a mutiny. The guards are being prosecuted for the crimes of torture, injury, abuse of authority, falsification of a public documents and complicity in the manslaughter of a prisoner.

  1. European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, “Report to the Italian Government on the Visit from 12–22 March 2019”, 2020, pp. 11-15. ↩

  • Twenty-two prison staff were charged with alleged torture of prisoners in a Turin prison. The former director of the prison was among them. The prosecutor of Naples also charged 107 prison staff with violence against prisoners in April 2020. The officers allegedly carried out a punitive raid following a prisoner revolt. The allegations referred to torture and abuse of power.

    i
    20/04/2022
    / Ansa It

  • The Modena public prosecutor’s department is prosecuting four prison officers for acts of torture with aggravating circumstances committed during the riot of 8 March 2020 at the Sant’Anna prison. Nine prisoners died during these incidents. The authorities are not ruling out the possible implication of other suspects.

    i
    16/02/2022
    / Ansa It

Prisoners are paid for their work

yes

  • Prisoners of several facilities would make bags from scraps of fabric. These bags were sold in several supermarkets in the regions of Puglia and Calabria. The proceeds would help to pay prisoners’ salaries.

    i
    07/04/2022
    / Ansa It

  • Around 22% of the country’s prisoners participate in the upkeep and operations of prisons without being compensated. They are also required to pay for their detention: around 120 euros per month. They are typically released “without skills, without money and in debt”.

    i
    24/01/2022
    / Open Democracy free thinking for the world

Number of deaths in custody

143

i
2019
/ Ministry of Justice

The documentation centre Ristretti keeps an updated register online of the number of prison deaths.

  • A 24-year-old prisoner died in La Spezia prison. The death appeared to be caused by gas inhalation.

    i
    13/04/2022
    / Ansa It

Phones calls are wire tapped

yes

A judge can order the placement of a wiretap on any prisoner. Phone calls for AS and 41A prisoners are subject to routine surveillance.

  • An assistant inspector of the penitentiary police was suspended from his duties for a duration of nine months. He was being investigated for abuse of power and unlawful interception, obstruction or interruption of communications. The events at the origin of this investigation dated back to spring 2021. The deputy inspector allegedly intercepted verbal and telephone conversations in a cell at San Gimignano prison.

    i
    15/04/2022
    / Ansa It

Overcrowding is an issue for specific types of prison facilities

yes

Some correctional facilities (Como, Taranto, Larino) have an occupancy rate of almost 200%.

  • A statistical report from the Ministry of Justice highlighted overpopulation in prisons in Sardinia. The absence of a director in certain prisons on the island further aggravated the situation.

    i
    05/04/2022
    / Ansa It

Part of the prisoner's food is produced by the prison

in some facilities

Only the colonie penali (penal farms) produce their own food.

  • An orchard was inaugurated inside the prison of Monza. This initiative would create jobs for prisoners. They would look after about 30 plum trees whose fruit would be eaten in the prison canteen.

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    06/05/2022
    / Ansa It

ASLs suggest methadone-based substitution treatments for drug-addicted prisoners.

  • A man was arrested after visiting his brother detained in Via dei Tigli prison. He was accused of drug trafficking. He gave his imprisoned brother a packed of Subutex tablets, a medication used primarily in opioid substitution treatments.

    i
    26/03/2022
    / Ansa It

Security functions are fulfilled by

the prison service

  • A referendum was launched on the transfer of responsibility for penitentiary police from the Ministry of Justice to the Ministry of the Interior. SAPPE trade union believed that the security of prisons was a public order question and should therefore be guaranteed by the Ministry of the Interior.

    i
    25/03/2022
    / Ansa It

The prison staff is represented by (a) union(s)

yes

Prison staff can be represented by various different trade unions: the Independent Trade Union for Penitentiary Police (Sindacato autonomo polizia penitenziaria, SAPPE), the Independent Trade Union Organisation for Penitentiary Police (OSAPP), the Trade Union for Penitentiary Police (UILPA-PP) or the National Independent Trade Union for Penitentiary Police (SINAPPE).

  • The Independent Trade Union for Penitentiary Police (Sindacato autonomo polizia penitenziaria, SAPPE) protested in front of Foggia prison. They denounced in particular the lack of personnel and the duration of their working days.

    i
    25/03/2022
    / Ansa It

Nurses, a general practitioner, and a psychiatrist are required in each facility. Specialists (such as cardiologists, dentists, and ophthalmologists) can have regular office hours or can come to the prison for consultations. A prisoner can call upon an outside doctor at his or her own cost. 1

Material differences exist from one region to another. In 2019, the CPT noted the alarming state of numerous infirmary sites.2

  1. CPT, Report to the Italian government on the Visit from 12–22 March 2019, p. 40 (in English). ↩

  2. ibid. ↩

  • A Nigerian prisoner injured his foot with a piece of iron. His injury worsened during his stay in prison. He was moved to Catania hospital and had his leg amputated. He left detention and requested a prosthetic to be able to return to normal life. His prosthetic was manufactured by a social centre, but the former prisoner was required to wait until his medical file had been sent over by the prison administration before he was able to obtain the prosthetic.

    i
    23/03/2022
    / Ansa It

  • The National Guarantor of the Rights of Persons Detained or Deprived of Liberty (Garante nazionale dei diritti delle persone detenute o private della libertà personale) announced the introduction of telemedicine for prisoners. A test run was planned in Montacuto prison. The National Guarantor highlighted the lack of medical personnel in prison, which had been exacerbated with the health crisis. He called for the deployment of ambulances to prisons to treat prisoners on site.

    i
    17/03/2022
    / Ansa It

The use of cell phones is authorised

no

Cell phones are not authorised in prison. Their presence is, however, acknowledged.

  • The Procurer of Milan opened an inquiry into a prisoner who took a video with a mobile phone during his time in San Vittore prison. The young man announced on his Instagram page that he had filmed a part of his new rap video inside the Milanese prison.

    i
    01/04/2022
    / Ansa It

  • Prison staff seized about 30 telephones in a prison in Naples as part of an operation to combat the smuggling of these devices into detention centres. Trade unions representing the prison administration would like to introduce jammers to fight against the use of smartphones in prison.

    i
    19/03/2022
    / Ansa It

Prisons
A significant portion of the prison population suffers from mental illness. The NGO Antigone reports, in 2021, that 7% of prisoners had a serious psychiatric diagnosis and that 26% used mood stabilisers, antipsychotics or antidepressants.
Many patients are locked up in disciplinary cells without furniture (celle liscie) or in ordinary wards.1 Twenty-five “ATSM” (articolazioni per la tutella della salute mentale) wards are dedicated to the care of people with severe mental disorders. These wards, located within prisons, have teams composed of nurses and social workers. Diagnosis of “mental infirmity” can be carried out to detect the presence of mental disorders in a detainee. Few therapies are provided; medication is the preferred treatment.
The ATSMs are under the authority of the Ministry of Justice, while the medical staff is under the Ministry of Health. The prison administration has the authority to decide whether to transfer an inmate to an ATSM.
Prisoners may be placed in continuous isolation or in the infirmary while awaiting a place in an ATSM. These measures are frequently used. Two members of the association Antigone visited, in 2021, the prison of Turin (Il Sestante). They deplore the disastrous conditions of detention in the psychiatric ward and report a strong shortage of psychiatrists. Seventeen people were placed there at the time of the visit. The ward had 20 cells that were narrow and dirty. The beds were fixed to the floor with little or no bedding. The inmates had no privacy to shower. One inmate had no light for several days. Another had no access to his lawyer. One young inmate was not supposed to be in the facility as he was awaiting transfer to a REMS residence.

Dedicated psychiatric facilities
Persons deemed irresponsible and dangerous are placed in “residences for the execution of security measures” (residenze per l’esecuzione delle misure di sicurezza, REMS). REMS are under the authority of local health agencies, under the Ministry of Health.2 There were 31 in the territory in 2020.3 The number of people placed in REMS as of January 31, 2020 was 616.
These institutions were created after the gradual abolition, until 2015, of the judicial psychiatric hospitals (ospedali psichiatrici giudiziari, OPG). According to the CPT, the Italian authorities and NGOs are concerned about the significant increase in violent behavior by detainees. Attacks on guards, self-harm and inter-prisoner violence have been common since the closure of the OPGs.4

General psychiatric hospitals
Detainees can be transferred in emergency to the “protected medicine” departments of general hospitals, dedicated to detainees, or to the “Psychiatric Unit for Diagnosis and Care” (SPDC) in Turin.

  1. Antigone, Fifteenth Report on Prison Conditions, 2019 (in Italian). ↩

  2. Vincent Delbos et al., “Annexes - Evaluation of the first phase of UHSAs in view of the implementation of a second phase”, 2018, p. 117 (In French). ↩

  3. Garante nazionale dei diritti delle persone detenute o private della libertà personale (MNP), *Report to Parliament - Relazione al Parlamento, Sezione 2, 2020, p. 234 (In French). ↩

  4. European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), Report to the Italian Government on the visit to Italy carried out from 12 to 22 March 2019, 2020, p. 11. ↩

  • According to a January 2022 judgment by the European Court of Human Rights (Sy v. Italy, in French), continuing to hold a person with a mental disorder in the ordinary prison regime despite a transfer decision for a residence for the execution of preventive measures (REMS) constitutes inhuman or degrading treatment (Article 3 of the Convention). The transfer in this case was not carried out due to insufficient space in the REMS. The mental health of the prisoner was deemed incompatible with the ordinary prison regime.

    i
    24/02/2022
    / Antigone / CEDH

JDCs offer numerous activities, such as cultural and religious mediation, plastic arts workshops, carpentry and various sports. The array of activities offered to minors is generally more diverse than what is offered to adults.

  • The rapper Kento has been leading writing workshops for rap and poetry in juvenile correctional facilities and community centres for over ten years. He also directs Keep it Trill, a series on Italian juvenile facilities filmed inside the Casal del Marmo prison in Rome.

    i
    29/01/2022
    / Antigone

Specific sentences or rulings are reserved for minors, such as probation or an alternative sentence served in a home or a community centre. (comunità).

  • The 637 community centres (comunità) play an important role in the juvenile justice system. They assist over 1,500 young people with reintegration. Minors and young adults subject to procedures or judicial sanctions total 13,611.

    i
    11/02/2022
    / Antigone

Incarcerated minors

0.3 % (161)
i
15/02/2020
/ Ministry of Justice Minors and young adults under the care of Child Protective Services.

This figure represents minors between the ages of 14 and 17. Young adults (18-24 years old) convicted for acts committed before the age of majority are separated from other inmates. As of 15 February 2020, there were 213 young adults incarcerated — 25 of them were women or girls. Additionally, 166 minors and young adults in Italian prisons are from abroad.

  • On 15 January 2022, minors and young adults (18-24) totalled 316, including 140 foreigners and eight girls. On 15 January 2020, they totalled 375. Half of the people incarcerated in a juvenile facility (IPM) are in remand detention. The Turin IPM has the largest number of juvenile prisoners: 38. The Pontremoli IPM is the only facility reserved for girls.

    i
    11/02/2022
    / Antigone

There are designated places for cultural activities

yes

The main cultural activities offered to prisoners are theatre workshops, film discussions, literature and writing workshops, art, journalism, and music.1
Theatre is a key socio-cultural activity. Antigone stresses the importance of this activity for the rehabilitation of prisoners.2

  1. Antigone, Fourteenth Report on Prison Conditions, 2018 (in Italian). ↩

  2. Antigone, Fifteenth Report on Prison Conditions, 2019 (in Italian). ↩

  • The University of Palermo is conducting the “Graffiti Art in Prison” (GAP) project in the Ucciardone and Pagliarelli prisons and in the Malaspina juvenile prison. The project aims to strengthen the roles of art and culture in reintegration. It draws on different disciplinary fields such as photography and videography. An exhibition is expected for 2023 at the University of Palermo.

    i
    24/02/2022
    / Ansa It

A supervisory body has issued a decision on prison overcrowding

yes

In 2019, the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) visited correctional facilities across Italy. It noted cases of overcrowding in most facilities.1

  1. European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, Report to the Italian Government on the visit carried out from 12 to 22 March 2019, p. 8. ↩

  • In 2023, the National Guarantor of the Rights of Persons Detained or Deprived of Liberty visited the Lombardy region. He inspected eight correctional facilities, including Milan’s juvenile detention facility. He observed that these facilities are overpopulated, lack various resources (management, allocation of personnel for various positions) and do not communicate enough with local health facilities. The juvenile facility is still awaiting renovation work.

    i
    22/12/2021
    / Garant national des droits des personnes détenues ou privées de liberté

Prisoners sentenced to life are eligible for parole after having served over 26 years and if they are deemed not to pose a threat to themselves or others (article 176 of criminal code.

Those who are deemed dangerous and mafia members who refuse to collaborate with the justice department, classified as 41-bis, are not eligible for parole. This designation is called the “ergastolo ostativo.” The NGO Antigone deplores the fact that more than 70% of lifers (more than 1,250 prisoners) have no possibility of requesting a change of sentence, unless they cooperate with the justice system.
The Constitutional Court, the highest court in the country, regards “l’ergastolo ostativo” unconstitutional. This provision contravenes Article 27 of the Italian Constitution, which states that “sentences may not consist of treatment contrary to the feelings of humanity and their purpose must be the rehabilitation of the convicted person.” The Court believes that this provision forces prisoners to make “a tragic choice”: stay in prison or be released to face potential retaliation and thus endanger their families. The Court is giving Parliament a year to change the law.