46. In previous reports, the CPT expressed objections to surgical castration as a
means of treatment of sex offenders, since it was a mutilating, irreversible intervention. In the present report, the Committee welcomes the fact that, according to
official data, not one single surgical castration had been carried out on sex offenders
during the period 2013 to 2015, and it encourages all federal and Länder authorities
to put a definitive end to surgical castration for treatment of sex offenders. According
to the German authorities’ response, voluntary surgical castration is used only very
exceptionally. However, the authorities do not envisage a definitive end to the use
of this measure.
47. Finally, the CPT‘s report notes that the mental health legislation of several
German Länder provides for the possibility to impose disciplinary sanctions on
forensic psychiatric patients. As a matter of principle, the CPT has reservations about
the use of disciplinary measures vis-à-vis psychiatric patients. Such measures aim
to sanction patients’ behaviour, which is often likely to be related to a psychiatric
disorder and should be approached from a therapeutic, rather than a punitive,
standpoint. In their responses, the Bavarian authorities currently see no need to
amend the relevant legal provisions on disciplinary sanctions, whereas the authorities of Saxony-Anhalt announce that the Committee’s recommendation would be
discussed among the psychiatric establishments of this Land.
Report and response published in June 2017
(CPT/Inf(2017)13 and CPT/Inf(2017)14)
Report on the periodic visit to Italy in April 2016 and response of
the Italian authorities
(prison reform measures to reduce overcrowding; reform of forensic psychiatry; deprivation of liberty by law enforcement authorities; involuntary placement in civil psychiatric
institutions)
48. In its report the CPT raises concern over allegations of physical ill-treatment
and excessive use of force by members of the State Police and Carabinieri, as well
as by prison staff. Moreover, persons in police custody do not always benefit from
the safeguards afforded them by law. Material conditions are also criticised in the
report, both in police and prison establishments.
49. All prison establishments visited suffered from structural material deficiencies
and extensive refurbishment should be undertaken. The report takes stock of the
unprecedented penitentiary reform following the 2013 pilot judgment Torreggiani
and Others v. Italy of the European Court of Human Rights, leading to a decrease in
the prison population and an increase in the prison estate capacity. Nevertheless,
the prison population had again increased in 2016 and prison overcrowding persisted. In their response the Italian authorities describe in detail the refurbishments
and other efforts undertaken with a view to improving detention conditions and
reducing prison overcrowding.
50. In the report, the CPT is critical of the use of medical seclusion rooms for the prolonged isolation of prisoners with self-harming and/or suicidal tendencies; notably
as regards the degrading manner in which it is applied, the absence of appropriate
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