Country

Italy

Detention issue

Time out of cell

FRA research findings

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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 inferior to one hour a day. Detainees are divided into groups during their out-of-cell time which is generally spent on sports or other physical activities. 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.

NATIONAL PREVENTIVE MECHANISM RECOMMENDATIONS

Year Recommendation Report
2018The 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