The technique of dynamic surveillance was introduced after the Torriagiani vs. Italy case. In semi-opened blocks, cells are open from eight hours minimum to 14 hours maximum, with the possibility to move freely inside the block. Inmates are not supervised through static control. Prison staff must observe the inmates’ personalities.

Some institutions do not respect this policy. Cells are opened for less than eight hours per day (e.g. Badu’eCarros prison, Aquila prison, Latina prison, amongst other).

Prisoners can be subject to:

• pat-down searches
• strip searches
• body cavity searches

The Penitentiary Regulation provides the possibility to pad search inmates after all movements inside the prison facility.

Searches are not recorded in film. The staff who performs the searches is not clearly identifiable (with an identification plate for example).

Strip searches are not carried out by a doctor.

The staff does not use restraints for movements inside prison. Prisoners cannot be restrained in prison. Handcuffs are used during transfers.

The use of restraints is carefully monitored in REMS.¹ Mechanical restraints are generally banned.

However, the delegation of the CPT described the case of a woman hospitalised in Castiglione delle Stiviere who was subject to permanent mechanical restraints to prevent her from self-harming: “The CPT considers that this patient’s placement in a forensic psychiatric establishment is far from appropriate and that the Italian authorities should urgently explore alternative options, as well as more appropriate means for dealing with such cases. More generally, the CPT sets out the basic principles regarding the use of restraint measures, and recommends that they should be the subject of comprehensive protocols in all psychiatric establishments.”²

The surveillance policy is organised on three levels - identification of the signs, placement of the already radicalised inmates in special blocks and implementation of deradicalisation methods (monitoring after the release from prison).

Radicalized inmates’ are separated from the rest of the prison population in order to avoid proselytism. Separation from non-radicalised inmates does not always work. Four women convicted for terrorism-related offences were placed together in the female block of Rebibbia prison (Rome). One of the women held particularly radical beliefs and exerted her influence on the rest of the group. The National Guarantor visited them twice and noticed significant negative changes in their behaviour during the second visit¹.

In 2017, the number of inmates under surveillance for radicalisation increased compared to the previous year - 506 against 365 in 2016.

Disciplinary sanctions can be:

• individual or collective warning from administration;
• exclusion from recreational and sport activities (no more than 10 days);
• isolation (no more than 10 days)
• exclusion from the collective activities (no more than 15 days)

A regime of special surveillance can also be introduced by DAP on the proposal of the warden or the judicial authority. This regime implies working or taking part to recreational activities, correspondence and phone calls and the possession of specific items that are normally accepted. There can be no limitations to the inmate’s personal care or health needs.

Decisions concerning the application of disciplinary measures are made by the Disciplinary Council, constituted by the prison warden, an educator and a doctor.

Disciplinary sanctions have an impact on the length of the sentence. Inmates who are subject to disciplinary sanctions cannot be granted an early release or any other type of sentence adjustment measure.

Inmates placed in solitary confinement should be accommodated in single cells, but this does not happen in practice. It has been reported that in some facilities, inmates in disciplinary isolation are placed in so-called cellaliscia (cells without furniture).

According to the law, inmates placed in solitary confinement have the right to participate in usual activities. This provision is not respected in practice.

Inmates under the regime 14-bis or sorveglianza particolare are not allowed to work, and restrictions can be imposed on their participation in educational programmes, sports, cultural and recreational activities. All prohibitions imposed by this regime create a de facto solitary confinement regime, which the Surveillance Tribunal of Bologna declared to be “without any legal basis” in 2011.

Persons convicted for life sentences spend all day and all night inside their cells.

Nevertheless, they are not banned from communal activities such as work, education or religious services. Therefore, the time spent in complete isolation may be less than 24 hours.

However, as activities are scarce, many lifers may spend a great amount of time alone in their cells.

In the previous penitentiary regulation, which dates back to 1975, the limitations posed to isolated inmates were both related to communication with other inmates and to contact with the outside world (phone calls and visits). However, the current regulation, the D.P.R.230/2000, does not provide these limitations. Legal experts have commented that it can be inferred that telephone calls and visits from relatives, lawyers, amongst other, take place according to the usual rules. Moreover, inmates are allowed to write and receive letters, to keep a radio and to access newspapers.

The only category of inmates who is subjected to formal restrictions is that under 41-bis regime. They can only receive one family visit per month and it can be replaced by a 10 - minutes phone call.