Dignity and living space

Italy and the denied right

In Italy there is a deep divide between what the law provides and what happens behind bars.

Reality

The floor disappears beneath the feet of others.
Cells without light.
Mold on the walls, freezing water, cockroaches.

Reality

The floor disappears beneath the feet of others.
Cells without light.
Mold on the walls, freezing water, cockroaches.

Art. 27 — Italian Constitution

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.

Dignity and living space

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.

In 2013, the Torreggiani ruling removed every excuse: it was no longer a matter of poor bureaucratic management, but a responsibility of the State, which was knowingly violating the fundamental rights of its inmates.

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.

If you have lived or are living in these conditions, you can act now.

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