Judgment No. 32412 of 2024: Compensation Remedy and Minimum Prison Space

Judgment No. 32412 of June 20, 2024, by the Court of Cassation, is at the center of a crucial debate regarding the rights of detainees, particularly concerning the prohibition of inhuman or degrading treatment. This principle, enshrined in Article 3 of the European Convention on Human Rights (ECHR), is called into question in the context of determining the minimum individual space to be guaranteed to detainees, set at three square meters.

The Case Under Review

The case concerns the defendant I. P., who sought compensation for detention conditions that did not comply with the parameters established by law. The Court had to determine whether, for the purpose of calculating minimum space, the space occupied by single beds should also be considered. The judge's decision led to a clear definition: the space occupied by the bed must not be counted.

Compensation remedy under art. 35-ter of the Penitentiary Law - Prohibition of inhuman or degrading treatment - Determination of minimum individual space within prison walls - Space occupied by single beds - Computability - Exclusion - Reasons. In the context of compensation remedies pursuant to art. 35-ter of the Penitentiary Law for detainees or inmates, for the purpose of determining the minimum individual space of three square meters to be ensured so that the State does not incur a violation of the prohibition of inhuman or degrading treatment established by art. 3 of the ECHR, as interpreted by the case law of the ECtHR, the space occupied by the single bed of the confined person must not be counted, as it is furniture that is generally fixed to the floor, not susceptible, due to its bulk or weight, to easy movement from one point to another within the cell and such as to compromise the easy movement of the aforementioned person within it.

Implications of the Judgment

This judgment has significant repercussions not only for the specific case but for the entire Italian penitentiary system. The Court of Cassation, confirming the case law of the ECtHR, emphasizes that respect for human rights must prevail even in detention contexts, where it is essential to ensure dignified conditions. The decision to exclude the bed from the calculation of available space for the detainee is significant: it implies that fixed furnishings, which cannot be moved, must not reduce the already scarce living space available to the detainee.

• Recognition of human rights in the penitentiary system.
• Importance of compliance with European regulations on detention.
• Clarity in the definition of minimum spaces for detainees.

Conclusions

In summary, judgment No. 32412 of 2024 represents an important step in the protection of detainees' rights in Italy. It not only clarifies the methods for calculating minimum space but reaffirms the legal system's commitment to ensuring detention conditions that respect human dignity. It is crucial that all involved institutions are aware of the implications of this judgment and work to ensure that every detainee can enjoy adequate and dignified spaces within penitentiary facilities.