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)Detention facilities can be visited without authorisation from the facility’s administration by some public authorities and institutions e.g., the President of the Council of Ministers and the President of the Constitutional Court, the inspector of chaplains. Authorisation is also not required for those who accompany the authorised authorities and institutions. Judicial police officers may enter the facilities, for reasons of their office, subject to authorisation by the judicial authority. Ministers of the Catholic and other religions may enter the facilities, with the authorisation of the director. The National Guarantor for the rights of persons detained or deprived of liberty is entitled to enter and monitor detention facilities, at any time and without authorisation by the detention facility’s administration.

NATIONAL PREVENTIVE MECHANISM RECOMMENDATIONS

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