Judgment No. 50847 of 2023 and the Differentiated Detention Regime: A Legal Analysis

The judgment No. 50847 of November 17, 2023, issued by the Surveillance Court of Turin, represents an important step in the protection of the rights of prisoners subjected to the differentiated detention regime provided for by Article 41-bis of Law No. 354 of 1975. With this ruling, the court declared the provisions of the DAP circular of October 2, 2017, which limited the possibility of using outdoor spaces to just one hour, to be illegitimate. But what are the implications of this ruling?

The Regulatory Context and the Judgment

The differentiated detention regime, governed by Article 41-bis, was introduced to manage the most dangerous prisoners while ensuring the respect of their fundamental rights. However, the ruling in question highlights how the limitations imposed by the DAP circular are incompatible with the principles of legality and necessity. The court emphasizes that outdoor time, as well as social activities, must be distinct, as they serve different purposes. The former is essential for the health of the prisoners, while the latter aims to meet cultural and relational needs.

01 President: CENTOFANTI FRANCESCO. Rapporteur: LANNA ANGELO VALERIO. Defendant: MINISTRY OF JUSTICE. P.M. GUERRA MARIAEMANUELA. (Conf.) Rejects, SURVEILLANCE COURT OF TURIN, 06/16/2021

The Consequences of the Judgment

The court's decision opens up a series of important considerations regarding the management of prisoners. The time limitations imposed without a specific and justified provision by the head of the institution, as established by the ruling, not only violate the rights of the prisoners but can also create an atmosphere of insecurity and discomfort within the penitentiary facilities.

  • Need for specific measures for each prisoner.
  • Distinction between outdoor activities and social interaction.
  • Implications for the health and well-being of prisoners.

Conclusions

Judgment No. 50847 of 2023 represents a clear call to ensure the respect of prisoners' rights within the penitentiary system. The distinction between outdoor time and social activities, as well as the request for individualized measures, are fundamental elements for a legal system that aims to be fair and humane. It is hoped that this ruling may positively influence penitentiary policies, promoting a more respectful approach to the fundamental rights of detained individuals.

Bianucci Law Firm