Judgment No. 18760 of 2022: Compensation Remedy and Minimum Space in Prison

Judgment No. 18760 of December 20, 2022, filed on May 4, 2023, raised important issues regarding the rights of detainees and detention conditions in Italy. In particular, the Court ruled that, for the purpose of calculating the minimum space of three square meters per detainee, the space occupied by a single bed must not be considered. This decision is situated within the context of the prohibition of inhuman or degrading treatment, enshrined in Article 3 of the European Convention on Human Rights (ECHR).

The Regulatory Framework

The compensation remedy referred to in Article 35-ter of the prison regulations is fundamental to ensuring respect for detainees' rights. The Constitutional Court and the case law of the European Court of Human Rights have repeatedly emphasized the importance of detention conditions. In particular, Article 3 of the ECHR establishes that no one shall be subjected to torture or to inhuman or degrading treatment or punishment. The judgment in question is based on these principles, establishing that respect for individual space is crucial to avoid such violations.

Analysis of the Judgment

01 President: MOGINI STEFANO. Rapporteur: CENTOFANTI FRANCESCO. Rapporteur: CENTOFANTI FRANCESCO. Defendant: MINISTRY OF JUSTICE. Public Prosecutor: DALL'OLIO MARCO. (Conf.) Rejects, TRIBUNAL OF SUPERVISION PERUGIA, 03/02/2022 563000 INSTITUTIONS FOR PREVENTION AND PUNISHMENT (PRISON REGULATIONS) - Compensation remedy under art. 35-ter prison regulations - Prohibition of inhuman or degrading treatment - Determination of minimum intramural individual space - Space occupied by single beds - Computability - Exclusion - Reasons.

The Court clarified that the single bed, being a fixed and not easily movable piece of furniture, must not be included in the calculation of the space available to the detainee. This implies a review of current practices in penitentiary facilities, where living space is already compromised. The judgment establishes that, in order for the detainee to enjoy adequate freedom of movement, it is essential that the minimum space be respected, excluding fixed elements that limit its use.

Conclusions

Judgment No. 18760 of 2022 represents a significant step towards respecting human rights within Italian prisons. The exclusion of the space occupied by the single bed in the calculation of the minimum space is a decision that could influence future prison regulations and practices. It is essential that the penal system adapts to these indications, ensuring detention conditions that respect human dignity. Case law continues to play a crucial role in defining the boundaries of detainees' rights, and this judgment is a clear example of how institutions can work to improve life within prisons.