without the possibility of early release,
the Committee reiterates its serious reservations about the very concept according
to which life-sentenced prisoners are
considered once and for all to be a permanent threat to the community and are
deprived of any hope of being granted
release. In the CPT’s opinion, it is inhuman
to imprison a person for life without any
realistic hope of release.
On a positive note, the CPT approves of
the decline in the use of means of restraint
(handcufs, ankle-cufs and body-belts)
in the context of movement of prisoners
within prisons, as compared with the
2009 visit. Nevertheless, it remains critical of their regular application to certain
groups of prisoners which is excessive in
practice, and recommends that steps be
taken to further reduce their use.
Report and response published in April 2014,
CPT/Inf (2014) 13 and CPT/Inf (2014) 14
Report on the periodic
visit to Italy in May 2012
and response of the Italian
authorities
(police ill-treatment, prison overcrowding,
“41-bis” regime, judicial psychiatric
hospitals)
64. In its report, the CPT refers to a
number of allegations of physical illtreatment and/or excessive use of force
by State Police and Carabinieri ofcers in
particular in the Milan area. For example,
an examination of the medical records at
Milan-San Vittore Prison revealed that,
during the two months preceding the
visit, 18 persons who had been admitted
to the prison with visible injuries had
indicated to the prison doctor that the
injuries resulted from ill-treatment by
law enforcement ofcials. Nevertheless,
no action had been taken by the judicial
authorities to pursue the law enforcement
ofcials who had allegedly perpetrated
this ill-treatment because the competent supervisory judge only informed the
prosecutor’s ofce if the prognosis for the
recovery of the injuries in question was
estimated by the prison doctor to exceed
20 days. The CPT recommends that the
relevant provision of the Penal Code be
amended so that the 20-day threshold
set out in Section 582 of the Penal Code
no longer applies in such cases.
In their response, the Italian authorities
refer to the eforts invested in order to
encourage prison doctors visiting newly
admitted prisoners to submit a more
rigorous description of injuries when
dealing with allegations of ill-treatment
inficted by law enforcement ofcials.
65. As regards material conditions of
detention in prisons, the report describes
a varied picture at the diferent establishments visited. While the state of repair,
hygiene and access to natural light at
Florence-Sollicciano, Vicenza and some
parts of Bari Prison were adequate, the
situation left much to be desired at
Palermo-Ucciardone Prison where the
level of hygiene was very poor, prisoners
were not provided with personal hygiene
products and the windows were covered
with metal shutters which reduced access
to natural light to a minimum.
In terms of prison overcrowding, the
most severe conditions were observed
at Bari Prison where cells measuring less
than 20 m2 were accommodating up to
eleven prisoners. Cramped conditions
were also found at Palermo-Ucciardone
Prison where it was not uncommon to
observe cells measuring 22m2 accommodating up to eight prisoners.
The Italian authorities in their response
focus extensively on the eforts invested
to increase the overall capacity of the
prison estate as well as to promote a
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