Visiting Italy

The latest CPT visit in Italian places of detention has been in February 2000; it was 15 days long.

The delegation has been in juvenile detention centres of Fornelli (Bari) and Nisida (Naples), in the psychiatric hospital of Montelupo Fiorentino, in the prisons of Bologna, Naples, Poggioreale and Spoleto, in the holding centres for immigration detainees of Francavilla Fontana and Ponte Galeria (Rome), in the Carabinieri and Police Stations of Bologna, Florence and Rome.

In the course of its visit, The CPT’s delegation founded no allegations of ill-treatments or torture. Nevertheless, in the prisons of Poggioreale and Bologna, the Committee hasn’t found any improvement in comparison with the results of the previous inspections on the issues of overcrowding, the lack of jobs available for detainees, the too long period of closure in the cells.

At Bologna Prison, the CPT noted a particular tension because of the difficulty in managing the relationships with a high number of foreigner detainees.

At Poggioreale Prison, the Committee founded that there was still the oppressive atmosphere of the first visit. In particular, the custom of detainees of lowering the head and keeping their hands behind the back while standing in front of penitentiary personnel; and of walking in ranks of two, with their hands behind the back, talking only with someone being very near and in a low voice. These practices are, in the opinion of CPT, an example of the military approach adopted towards the detainees in that prison, useless from every point of view, included that of security and doesn't support the positive relations between personnel and detainees. The Committee recommends to abolish such practices and to make efforts to improve the atmosphere in the prison, to support the develop of a dynamic security based on constructive and positive relationships between personnel and detainees.

In its response, the Italian authorities have answered that it is not a style imposed by penitentiary police, which nowadays doesn't embrace military style anymore, but probably it's a detainees' custom difficult to extirpate.

The delegation visited detention facilities for aliens at Francavilla Fontana, Ponte Galeria and San Foca. A specific mention is paid to Francavilla Fontana Temporary holding centre for foreign nationals because of unsatisfactory conditions of detention: the general state of repair of the establishment left to be desired, no form of organised activity, whether educational, cultural or sports, was offered to immigration detained, the health-care service were insufficient, ecc. For these reasons, Francavilla Fontana was the subject of an immediate observation under Article 8, paragraph 5, of the Convention, demanding the closing-down of Francavilla Fontana. The Italian authorities implemented the CPT’s request. 

By the CPT’s Report emerges the necessity to give a practical life to the principles stated by the International Convention on human Rights, above all by the European Convention for Prevention of Torture.

The CPT stresses the importance of human relation between prison staff and detainees, included those in the section "41 bis", to whom CPT gives a particular attention. A strong importance is given to the training of the staff. The cornerstone of a prison system is a properly recruited and trained staff who know how to adopt the appropriate attitude in their relations with prisons. Building positive relations with prisoners should be recognised as a key feature of their job. The real professionalism of prison staff requires that they should be able to deal with prisoners in a human manner while paying attention to matters of security and good order . the development of constructive and positive relations between prison staff and prisoners will not only reduce the risk of ill-treatment but also enhance control and security.

As for juvenile detention centres, CPT remarks the need of adopting as soon as possible a complete regulation for all the Centres.

As regards the ill-treatment, CPT reports the use of the "pedagogical slap" to minors behaving in a bad way and affirms that all the form of corporal punishment must be forbidden and avoided and the Italian authorities have the responsibility for the respect of these principles.

In the Italian answer to CPT Report there is no mention to the "pedagogical slap".

In the end, the CPT recalls the Italian authorities to adopt adequate measures in order to reduce the prison overcrowding, included policies to limit or modulate the number of persons being sent to prison which in certain States made an important contribution to maintaining the prison at manageable level. As we know, prison overcrowding is an issue of direct relevance to Committee’s mandate because an overcrowded prison entails cramped and unhygienic accommodation and a constant lack of privacy; reduces out-cell activities; increases tension and more violence between prisoners and prisoners and prison staff. The cumulative effect of poor regime activities, inadequate access to toilet/washing facilities and overcrowding in the same establishment can prove extremely detrimental to prisoners. Further, these adverse effects of overcrowding have often resulted in inhuman and degrading conditions of detention.