Italy and the denied right
In Italy there is a deep divide between what the law provides and what happens behind bars.
- The floor disappears beneath the feet of others.
- Cells without light.
- Mold on the walls, freezing water, cockroaches.
- The floor disappears beneath the feet of others.
- Cells without light.
- Mold on the walls, freezing water, cockroaches.
Sentences must not consist of treatments contrary to the sense of humanity and must aim at the rehabilitation of the convicted person.
The paradox is that the State, in the act of punishing those who have broken the law, ends up violating its own fundamental law.
Living space is dignity
The "sense of humanity" fades when a man or woman is forced to live in cramped spaces, without sufficient light, in crumbling facilities and in poor sanitary conditions.
Detention ceases to be a tool for rehabilitation and becomes pure physical and psychological suffering, turning the sentence into an unlawful punishment.
The situation in Italy
138%
Overcrowding rate
3 sq m
Minimum space required by law
70%
Inmates without hot water in their cells
The limit of dignity: the 3 square meters rule
European case law has drawn a clear line between legitimate punishment and inhuman treatment: living space.
The minimum space
Every detainee must have at least 3 walkable square meters available in a shared cell.
What does not count
In the calculation of the 3 square meters, furniture (such as wardrobes or bunk beds) must not be counted and, categorically, the bathroom area must be excluded.
Your right
If the space falls below this threshold, it constitutes degrading treatment: it is from this principle that the right to seek compensation arises.
Reduction of the remaining sentence
For every 10 days in overcrowding conditions, you are entitled to 1 day off the sentence still to be served.
Financial compensation
If the space falls below this threshold, it constitutes degrading treatment: it is from this principle that the right to seek compensation arises.