I Problemi

Of all the prisons in Italy, there are almost 10,000 people (or 120%) more than the capacity of the prison. Some prisons are overcrowded by over 400 people (or 200%). In comparison to Italy, the statistics for the American prison system are only recorded at the state level, so a direct comparison is difficult. Nonetheless, the numbers are similar. Iowa has the worst percentage of operational overcrowding at 119%, and Alabama has the worst percentage of functional overcrowding at 175.7%. In both countries, this problem reduces the efficiency of rehabilitation initiatives while creating a greater risk for suicides.  

2024 was a record year for the highest number of suicides in Italian prisons with 90 suicides. 54 of the institutions, or 28% of Italian prisons, experienced suicide. Almost all of the prisons were overcrowded-- a fact coinciding with a relation between suicides and overcrowding.  American prisons also have a big problem with prison suicides. However, this problem is a lot worse in local prisons (about 30% of all prison deaths between 2001-2019) compared to state and federal prisons (about 7%). In fact, suicide is the main cause of death in local prisons.  

While the political and cultural histories informing both the Italian and American penal systems are far too diverse to boil down into definitive trends which can be compared, there are nonetheless significant differences which must be illuminated in order to understand the two nation’s approaches to the penal system.  

When the United States constitution was ratified in 1788, it was very politically progressive for its time, yet equally pragmatic. The focus was to prevent the government from impeding on basic political rights. Because of this, we have things such as the 8th amendment which protects against cruel and unusual punishment. Within the limits of this restriction, a relatively punitive and strict culture of law and order evolved. 

Like in the U.S., the current Italian Constitution was written at the end of an era of monarchy and tyranny as a compromising document between parties of opposing views for the future of the nation. However, the primary political groups during the Italian constitutional convention were the Christian Democrats and Socialists/Communists. Thus, when the constitution of the Italian Republic was ratified in 1947, there was a pronounced, if vague, socially progressive theme. For example, article 27 says that “the penal responsibility is personal” and “the penalties cannot consist of treatment that contradicts humanity and should tend to the re-education of the condemned.”      

In accordance with the message of Article 27, Italy’s Penitentiary Act of 1975 starts with the statement that “Prison treatment shall be humane and shall assure respect for the dignity of each individual.” Despite this command, Italian prisons were flagged nine times since 1992 by the Committee for the Prevention of Torture for harmful levels of overcrowding. In 2013, the European Court of Human Rights found Italy in violation of subjecting its prisoners to a form of torture due to overcrowded conditions. As a result, the Italian government was pressured to update its Penitentiary Act in 2015. Still, overcrowding remains a significant issue in Italian prisons. Conditions are especially bad during the summer as temperatures rise in prisons that are often without air conditioning. Additionally, many guards go on vacation, further stressing an officer shortage.          

Overcrowding can also lead to suicide– another major issue in Italian prisons. According to a 2024 study, only 28% of all Italian prisons experienced inmate suicides. However, almost 95% of those prisons were overcrowded. Another significant factor of the suicide issue is the use of closed custody. A study from the 2000s demonstrated that there is a clear correlation between the level of isolation and rate of suicides in Italian prisons. The highest level of isolation, called 41-bis, has received much public scrutiny, especially during 2022 and 2023 as an inmate went on a 180 day hunger strike to protest the isolationist tactics and the unfair usage of such treatment. While he was mostly successful, isolation continues to claim lives. In 2024, 77% of suicides occurred in closed custody.                                             

Another major issue is the high rate of migrants filling Italian prisons. Despite representing only about 10% of the total population in Italy, migrants make up over 30% of the prison population. According to legal scholar Melissa Miedico, this disproportionately can be explained by the “extreme marginalization” these people face as a result of their uprooted conditions combined with an increasingly scarce welfare system which makes them increasingly desperate. Additionally, migrants in prison may disrupt their legal progress through the immigration system, making them ineligible to access rehabilitation resources that may improve their situation upon release.       

Aside from prisons, high immigration has been a major topic in many European nations as events such as the Arab Spring, a series of protests and great unrest throughout the North African and Middle Eastern countries near Italy in the 2010s, have prompted many people to flee. The current Italian Prime Minister, Giorgia Meloni, campaigned on a strong anti-immigrant stance and recently made a deal with Albania to outsource captured asylum seekers. While some believe this is a creative solution, others are concerned about potential human rights abuses.