Prisons and Covid-19: old system, new crisis

Issue 5/2021

Abstract. The Italian prison system, characterized by a permanent overcrowding, had to deal with the Covid-19 pandemic. This paper aims to provide an overview of the Italian prison system’s response to Covid-19 emergency, focusing on the different measures adopted to prevent the spread of the virus in prisons and to manage the crisis without violating fundamental rights of inmates.
The pandemic sharpened and highlighted some lacks in the Italian prison system: the Covid-19 crisis showed why it is necessary and urgent to rethink the system overalle.

This article was submitted anonymously for evaluation by two expert reviewers, with a positive outcome.

SUMMARY: 1. A general overview. – 2. Protests among inmates in March 2020. – 3. Cura Italia Law Decree. – 4. The role of Italian surveillance judges. – 5. Bonafede Law Decrees. – 5.1. Judgment n. 245/2020 of the Italian Constitutional Court. – 6. Prisons and the second outbreak: Ristori Law Decree. – 7. Latest judgments on higher risk of Covid-19 infection in prison. – 8. Last, but not least remarks on the Italian prison system.

To read the Article, click on “open file”.