"Mini-pardon" approved by parliament
01 January 2003
A decree introducing a three-year prison sentence discount for prisoners who have served over a quarter of their sentence and have three years or less left to serve, was approved by the Italian parliament on 4 February 2003. The measure is a response to protests that have been mounting in Italian prisons since the summer (see Statewatch vol 11 nos 3 & 5), and the ongoing problem of overcrowding (57,000 prisoners in a prison system with a capacity of 41,000). The so-called "mini-pardon" will now be subject to scrutiny by the Italian senate, where it faces a rocky ride as it only enjoys divided support in both the government and opposition coalitions.
The effects of the decree "for the suspension of the execution of detention sentences for a maximum of three years" will apply to crimes considered "minor", and includes the expulsion of foreigners who fulfil the criteria for inclusion in the pardon. Released prisoners will be required to regularly visit a parole officer in a police station, not to leave their town of residence, not to leave their house between 9 pm and 7 am, and not to travel abroad without special authorisation from a parole officer. If a pardoned prisoner does not comply with the conditions, or commits a new criminal offence carrying a sentence of over six months during the next five years, the suspension will be revoked. The categories of prisoners who are ineligible for the pardon include those who are under special surveillance (art. 14-bis), those sentenced under the special regime imposed by article 4-bis which covers organised crime, people trafficking and subversive association and related destruction, looting, kidnapping, or forcing people into slavery or paedophilia. Persons who have committed crimes of theft or extortion with aggravating circumstances, as well as criminals described as "habitual", "professional" or "by nature" are also excluded.
The measure represents a watered-down version of the "generalised pardon" demanded by prisoners. This was one of several demands including improved prison healthcare, the repealing of the "hard prison" regime introduced under article 41-bis in relation to crimes envisaged by article 4-bis (see above, Statewatch vol 11 no 5), the decriminalisation of lesser crimes, an end to life sentencing, an increase in early release and alternative sentencing schemes, and expulsion for foreigners who request it. The prisoners cultural association Papillon, run from Rebibbia prison in Rome, expresses delight for the prisoners who will benefit from the measure, but called for a more widespread pardon that could have a significant effect on problems in the Italian prison system. The association says that according to Dap (Dipartimento di amministrazione penitenziaria, the prison management body) estimates, only between 3,000 and 4,000 prisoners would be affected.
Ddl Camera 3323 - Sospensione dell'esecuzione della pena detentiva nel limite massimo di tre anni. Camera 4.2.03, "Parliamentary law decree 3323 - Suspension of the execution of custody sentences up to a maximum of three years"; www.papillonrebibbia.org
DENMARK
Solitary confinement on remand continues
The extensive use of solitary confinement during pre-trial detention in Denmark has over the last 20 years been criticised from many perspectives, national and international. The practice has been described as cruel and inhuman and even as torture, as well as a infringement of civil liberties and human rights. Amnesty International (in 1983), the Committee for the Prevention of Torture (CPT) in 1990, 1996 and 2002 and the CAT (Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment) in 1997 and 2002 have in their reports recommended the improvement of conditions for remand prisoners, either by restricting or stopping the use of solitary confinement. The most recent CPT report (2002) says that: "it would be desirable for the Administration of Justice Act to include a maximum