Prisoners may voice their wishes regarding their cell assignment, although they are not always considered. In theory, defendants on remand and convicts should be separated. Prison overcrowding often makes this difficult to adhere to. Judicial authority may decide that no contact between certain prisoners is required.

Each new prisoner is entitled to an interview with a psychologist upon arrival, or at the earliest opportunity, to identify any high-risk behaviour. The NGO Antigone is concerned about the significant increase in incidents of self-harm in detention. For example, in the Florence Sollicciano prison,105 cases of self-harm are reported per 100 prisoners in 2021. This figure could be explained by the very high number of prisoners undergoing psychiatric treatment (39.5% of the total prison population), by the limited availability of therapeutic treatments, and the difficulties related to the COVID-19 pandemic.

The prison service is required to inform the deceased person’s relatives as soon as possible (Article 29 of the Prison Rules).

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.

In 2022, twenty-two prison officers were charged with allegations of torture of people held in a Turin prison. The former director of the prison was one of them.

Sexual harassment is punishable by a prison sentence of up to six months and a fine of 516 euros. Article 613 of the penal code punishes physical assaults and acts of cruelty with 5 to 12 years in prison. The penalty is raised to 30 years of imprisonment where these acts lead to the death of the victim.

Doctors are not trained to identify signs of torture.

Prisoners victim to violence and/or sexual harassment from other prisoners are entitled to the same rights (compensation and punishment for those responsible) as free people. A study led by Antigone in 2019 found that this procedure is particularly complex. It is difficult to gather evidence, and testimonies are often unreliable. Transfers prove to be the only effective protection for prisoners victim to violence.

Article 35-bis of the prison rules allows prisoners to complain against the prison service.

A complaint can be filed with the NPM by prisoners, their relatives, their lawyer or any other individual. Large numbers of complaints coming from the same facility will usually lead to a visit.

The NPM directs its remarks and recommendations to the prison administration. In the event of disagreement, the administration then has 30 days to respond. All remarks, recommendations and responses are published on the NPM’s website. The names of those involved are not disclosed. The mandate of the NPM allows them to see for themselves whether their recommendations have been taken into account.

Antigone is authorised to visit all correctional facilities. As was the case for 99 facilities in 2021. The association is not permitted to engage with prisoners during these visits.

The Prisons Observatory (Osservatorio Carcere), established in 2006, visits facilities and issues recommendations. It consists of a government official and a working group.

Independent monitoring bodies are present in most Italian regions. Regional councils locally appoint a mediator (Garante regionale dei diritti della persona). They are responsible for issues within the prisons. Their role is to promote and ensure the rights of individuals, particularly in the event of a conflict with the administration.

The Supervision Court (tribunali di sorveglianza) has the authority to grant sentence adjustments.

Temporary release can be granted to prisoners serving sentences of less than four years, or those having already served at least a quarter of their sentence (ten years minimum for those with life sentences).