Judgment No. 15153/2022: The Right of Inmates to Send Postal Packages
The judgment No. 15153 of November 23, 2022, filed on April 11, 2023, raised important questions regarding the rights of inmates within the context of the differentiated penitentiary regime provided for by Article 41-bis of the penitentiary system. In particular, the Court established that there is no subjective right for inmates to send postal packages, limiting the recognition to the right to correspondence.
The Regulatory Context
Article 41-bis of the Italian penitentiary system was introduced to manage situations of particular danger posed by certain inmates, allowing for restrictions on their rights. According to the ruling, inmates subject to this regime cannot consider the sending of postal packages as a right, but only correspondence as such.
01 President: BONI MONICA. Reporting Judge: MAGI RAFFAELLO. Rapporteur: MAGI RAFFAELLO. Defendant: ATTANASIO ALESSIO. P.M. DE MASELLIS MARIELLA. (Partial Diff.) Rejected, TRIB. SURVEILLANCE TORINO, 19/01/2022 563000 PREVENTION AND PENAL INSTITUTES (PENITENTIARY REGULATIONS) - Regime under art. 41-bis of the penal code - Sending postal packages to the outside - Subjective right of the inmate - Exclusion - Consequences regarding complaints against the denial of the penitentiary administration. Regarding the differentiated penitentiary regime provided for by art. 41-bis of the penal code, there is no subjective right for the inmate to send postal packages to the outside, as the only recognized right is that of correspondence, so the remedy provided for in art. 35-bis of the penal code is not applicable against the denial of the penitentiary administration to transmit postal packages.
The Implications of the Judgment
This decision has several practical and legal implications, including:
- Limitation of Inmates' Rights: The ruling reaffirms that inmates' rights are not unlimited, especially in a regime of particular severity such as that of art. 41-bis.
- Appealability: It is not possible to appeal against the denial of the penitentiary administration for sending packages, which raises questions about the protection of inmates' rights.
- Regulatory References: The decision also relates to norms such as art. 35-bis and the principles of the European Convention on Human Rights, which guarantees respect for human dignity, even in prison.
Conclusions
Judgment No. 15153/2022 marks a crucial point in Italian jurisprudence regarding the rights of inmates, particularly for those under the regime of art. 41-bis. The absence of a subjective right to send postal packages raises questions about the management of human rights within Italian prisons. It is essential to continue monitoring the application of these regulations to ensure that the rights of inmates are always respected to the extent permitted by law.
