Details
Legal instruments & key provisions
| Legal instrument | Key provision |
|---|---|
| Law No. 354/1975 (Legge 26 luglio 1975, n. 354, Norme sull’ordinamento penitenziario e sulla esecuzione delle misure privative e limitative della libertà) | Detainees who are not allowed to take part in work release programmes have the right to spend four hours a day outside their cell. This time span can be reduced for exceptional reasons and cannot in any case be less than two hours a day. Outdoor spaces must be offering the opportunity to shelter in case of bad weather. The time spent outdoor is enjoyed in groups, except for detainees subject to the isolation regime. Each prison must provide prisoners with adequate equipment for work, study, and leisure activities, as well as access to a library with books and magazines. |
| Article 16 of Decree of the President of the Italian Republic No. 230/2000 | Open-air spaces shall be used for sports, leisure, and cultural activities depending on the programmes implemented in each prison. |
NATIONAL PREVENTIVE MECHANISM RECOMMENDATIONS
| Year | Recommendation | Report |
|---|---|---|
| 2018 | The NPM expressed its concern about the limits to the right to spend time out of cell for prisoners subject to the Article-41a regime: according to the NPM, most prisons’ directions currently interpret the hour these detainees can spend in common areas to be subtracted to the two-hour time they can spend out of cell. According to the authority though there must be a distinction between the time prisoners can spend outdoor and the time spent out of the jail’s cell but inside the prison’s facility. | Report details |