DATE Sunday 23 November 2003

DURATION from 11.30 to 13.00

DETAINEES IN THE SECTION 4

DETAINEES VISITED 4

MOTIVE The visit took place in accordance to Art. 67 of Penitentiary Law and Art. 117 of Execution Regulations, which authorise Members of Parliament to carry out inspection visits to all prisons of the Italian Republic.

MEMBERS OF THE DELEGATION

Maurizio TURCO, Member of the European Parliament, reporter on the state of prisons in the EU; 

Sergio D’ELIA, Secretary of Hands Offf Cain, ONG against death penalty and inhuman and degrading treatment to detainees;

Malena ZINGONI, Parliament Executive Assistant

REPORT

The 4 detainees in Section 41 Bis are the only ones to be currently held under such regime.

Detainee ADAMO Immacolata declared:

not to have a police record;

to have been detained for 30 months, 18 of which under regime di 41bis;

to have been awaiting trial for 30 months;

to be charged of illegal association only (art. 416bis, crime-oriented mafia-like association) and to to have been charged of any specific crime;

her husband ASCIONE Raffaele to have been detained in Livorno for 10 years, 8 of which under regime 41bis, but not at the moment;

to have 8 children, and that, owing to the fact that visits are restricted to monthly 1-hour sessions, during which only 3 relatives per session can see her through a glass wall, she can see each of her children only every three months. It is to be noted that children under 12 are allowed to meet her withouth the glass wall for 10 minutes (within the 1 hour time limit).

Detainee BUOMPASTORE Maria declared:

to have been detained since December 1998 and under regime 41bis since January 31st 2001;

to have been condemned to inmprisonment in 2° degree for 16 years and 6 months;

to be mother of 3 children aged 15, 11 and 13, the latter being ill of leucemia; 

her husband ZITO Pierdonato to have been detained since June 6th 1995 and since April 22nd 1999 under regime 41bis.

Detainee DE LUCA Teresa declared:

to be currently serving a sentence for drug trafficking, but to have been released from the charge of illegal association for which she was arrested by the end of 2000 and then subjected to regime 41bis in January 2001;

to be concerned about the health condition of the son of hers detained at the Parma Prison, owing to his suffering depressive crises and to the fact that she has never been able to see him during her years under regime 41bis regardless her being authorised by the Naples Court;

to have three more sons, apart from the one currently detained, one of whom, aged 8, became stammering further to his visiting her at the prison for the first time.

Detainee LICCIARDI Maria declared:

to have been detained for 30 months, 9 of which under regime di 41bis;

to have appealed against a 10-year condemn issued only for crime 416bis;

It has been systematically noted that:

The detainees are not provided with information about their rights;

Ever since February 28th 2003 cells are being subject to daily inspections, although prior to that date inspections had place only periodically; 

Mail delivery to detainees is subject to systematic delays, which, when affected correspondence with their respective lawyers, caused their missing the deadlines within which they could have appealed against the decrees providing for their inprisonment under regime 41bis;

Although 41bis detainees can enjoy a second monthly visit upon favourable decision of the Prison Director, and although none of the above detainees have disciplinary proceedings, this mercy is systematically denied.