There is a lot of talk about the European prison regulations that all countries must respect. Honestly, Italy should do the same. I could list an infinite number of violations of these European rules regarding detention, but I am under the 41 bis regime and no one seems to care.
A prisoner incarcerated under the restrictive 41bis regime complains in the letter sent to Roberto Giachetti, deputy of Italia Viva, of his inability to join the association Nessuno tocchi Caino, as well as the impediment to view some national television channels and listen to Radio Radicale. The prisoner also reports that, during searches in his cell, he is forced to absent himself.
Doubts therefore arise about the security reasons that can justify the impediment of registration to an organization like Nessuno tocchi Caino. The association fights against the death penalty in the world, to prevent the punishment “until death” imposed on die-hard prisoners and for the rights of prisoners, all under the principle of the most rigorous Pannellian nonviolence, the rule of law and democratic principles.
Questions were also addressed on the preventive reasons that could justify the ban on listening to Radio Radicale, which receives state funding for the “public service” it has carried out for fifty years by broadcasting parliamentary proceedings, meetings of the CSM, the Constitutional Court and public events of parties and associations of all political orientations.
Roberto Giachetti will put these and other questions to Minister Nordio, urging respect for the sacrosanct European constitutional and conventional principles. These ideals cannot be sacrificed in the name of reason of State, ignoring the rule of law.
The Honourable Roberto Giachetti may perhaps recall the prisoner CV. The man, currently detained under the 41 bis system and with an indefinite sentence, has been in prison since 2003 and under 41 bis since 2006. He had the opportunity to meet the MP during a previous visit.
The prisoner attempted to join the Association Nessuno tocchi Caino, to support those who fight for prisoners' rights, but was told that this is not provided for by current regulations. Therefore, he is not allowed to actively participate.
Contrary to what the DAP and the management claim, there is no law that prevents such association. While Article 18 of the Italian Constitution allows everyone to freely associate, Article 11 of Law 4 August 1955 n.848 ratifying the Convention for the Protection of Human Rights affirms the right of every individual to freedom of association.
He also questions other limitations that go beyond the European prison rules of 11 January 2006. For example, Article 24, point 10, provides that restrictions on newspapers, radio or TV broadcasts can only be imposed by a judicial authority. But he has limits on national TV channels and national radio.
The final issue concerns Article 54, point 8, which states that the prisoner must be present when his personal effects are searched. But he is prevented from being present at such a search, unless there are security reasons involved.
To this we must add the attention to the respect of the European penitentiary rules, which not only other countries should respect, but also Italy. In conclusion, the author of the letter hopes that the Honorable Giachetti can intervene in his favor.
The author of the message - as reported by Unità online - addresses the deputy of Italia Viva with the hope of obtaining some help, in particular with respect to membership in the association, presence at the cell search and listening to Radio Radicale and other national radios. Furthermore, he expresses gratitude for Giachetti's commitment to defending the rights of prisoners.
*Life sentence, detained under 41bis
Article published on March 4, 2024 - 14pm
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