Country

Italy

Detention issue

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)All detainees must be ensured a healthy and sufficient nutrition, considering their age, gender, health conditions, labour activity. Detainees also have the right to access drinkable water at any time. Moreover, nutrition should include seasonal products. Detainees must be ensured upon request a nutrition that is compatible with their religious faith, whenever possible. A delegation of detainees – chosen randomly on a monthly basis – is in charge of monitoring the correct implementation of the ministerial tables and the preparation of the food. Detainees are also allowed to purchase food, resorting to distribution points managed directly by the prison’s administration.
Article 11 of Decree of the President of the Italian Republic No. 230/2000Meals are provided to the detainees three times per day (breakfast, lunch, and dinner). The detention facility’s internal regulation establishes the time of the meals, as to make sure that the first is provided soon after waking up, the second after about 5 hours, and the third after about 6 hours.

NATIONAL PREVENTIVE MECHANISM RECOMMENDATIONS

Year Recommendation Report
2021According to the Guarantor, the main critical issue concerns the mixed type of tender in which the same supplier is awarded the board service (i.e., the food that the State is obliged to provide on a daily basis to inmates) and the extra board service (i.e., the service to be paid for by inmates who wish to purchase additional food and other items). This system has allowed, in fact, the awarding of contracts to firms which, secure in the substantial gains from the monopoly over board, offer reductions of up to 58% on the auction base, up to a cost of EUR 2.39 for a complete food per diem (breakfast, lunch and dinner) for an adult. Report details