Analysis of Judgment No. 21494 of 2022: Space and Inmate Rights

Judgment No. 21494 of December 20, 2022, filed on May 19, 2023, offers an important reflection on the condition of inmates in Italy, particularly regarding compliance with the prohibition of inhuman and degrading treatment enshrined in Article 3 of the European Convention on Human Rights (ECHR). The case examined by the Supervisory Court of Turin raises crucial issues regarding the determination of the minimum individual space to be guaranteed to inmates and the assessment of furnishings within cells.

The Regulatory Context and the Judgment

The judgment addresses the issue of compensatory remedies provided for by art. 35-ter of the prison regulations, establishing that to comply with the requirement of three square meters of individual space per inmate, the space occupied by the single bed must not be counted. This decision is based on the consideration that the bed represents fixed furniture, not easily movable, which can compromise the inmate's freedom of movement.

01 President: MOGINI STEFANO. Rapporteur: FILOCAMO FULVIO. Rapporteur: FILOCAMO FULVIO. Defendant: MINISTRY OF JUSTICE. (Diff.) Rejects, SUPERVISORY COURT TURIN, 16/02/2022 563000 INSTITUTIONS OF PREVENTION AND PENALTY (PRISON REGULATIONS) - Compensatory remedy under art. 35-ter of prison regulations - Prohibition of inhuman or degrading treatment - Determination of minimum intramural individual space - Space occupied by single beds - Computability - Reasons - Factual circumstances. In the context of compensatory remedies pursuant to art. 35-ter of prison regulations towards inmates or detainees, 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 detained 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 within it. (Factual circumstances in which the Court extended the principle to the bed of the inmate's cellmate, deeming the space occupied by such furniture not to be countable).

Implications of the Judgment

This judgment has significant implications for the management of Italian penitentiary facilities. Indeed, the principle established by the Supervisory Court of Turin fits into a broader legal context, where respect for inmates' rights is constantly monitored by the case law of the European Court of Human Rights. The ECtHR's interpretation of inhuman and degrading treatment has led to increasing attention on the issue of prison overcrowding and detention conditions.

• Relevance of the minimum space principle per inmate.
• Exclusion of space occupied by fixed furniture from space calculation.
• Possible repercussions on future legal decisions in the penitentiary field.

In addition, this jurisprudential trend could further influence the legislative debate on prison regulations and detention policies in Italy.

Conclusions

Judgment No. 21494 of 2022 represents an important step in the protection of inmates' rights, highlighting how compliance with European standards must translate into concrete actions within penitentiary facilities. The issue of minimum individual space is not just a matter of physical space, but also of dignity and respect for fundamental human rights. It is essential that the Italian penitentiary system continues to evolve to ensure humane and dignified treatment for all inmates.