Vito Gamberale - The Meaning of Punishment

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The document shows the speech of Vito Gamberale, CEO of F2i, on the Seminar "The Meaning of Pain", organized in Rome on May 28th by AIC - Associazione Italiana Costituzionalisti, in collaboration with Università degli Studi di Roma 3.

Transcript of Vito Gamberale - The Meaning of Punishment

  • The meaning of punishment One year after the European Court of Human Rights' sentence of the Torreggiani Case Rome, May 28th 2014 Vito Gamberale AIC seminar (Italian Association of Constitutional Lawyers)
  • Prison population Page 3 Good prison management Page 9 Suggestions Page 14 2 Summary
  • 3 Prison population
  • 4 Prison population In 2013, the prison population of the major European countries was between 60,000 and 80,000 prisoners. In relation to the overall population, England and Spain have the highest number of prisoners. Country Prisoners Prisoners/100K inhab. England 84,697 148 France 68,859 103 Spain 66,937 144 Germany 62,632 78 Italy 60,197 100 Data as of 31/03/2014 for IT, FR, SPA, UK; data as of 30/11/13 for Germany Source: International Centre for Prison Studies
  • 5 Prison population In the last decade, the prison population slightly increased in all major European countries, except for Germany: +1.0% CAGR '03-'13 -2.3% +1.8% +2.2% +1.4% Sources: EUROSTAT and the International Centre for Prison Studies In 2006, around 27,000 prisoners benefited from a general pardon 35.000 45.000 55.000 65.000 75.000 85.000 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 Germania Spagna Francia Italia InghilterraGermany Spain France Italy England
  • 6 Prison population In every European country, the prison population consists mainly of people between the ages of 18 and 50 years old (over 85% of the total population on average). Around 98% of the population is of working age. Source: F2i estimates based on data from the Council of Europe Annual penal statistics (2012 data)
  • 7 Prison population On average, women represent 5% of the prison population, foreigners account for around 25%. Italy has the highest rate of foreigners (around 34%). Source: Council of Europe Annual penal statistics (2012 data) Italian prisoners Foreing prisone, non-EU Foreign prisoners, EU
  • 8 Prison population The prisoner employment rate varies considerably across the major European countries: Germany almost achieved the full employment of the prisoners while in England the employment rate is not far from zero. In Italy, the employment rate (around 24%) is below the average of the European countries considered (40%). Around 85% of the employed prisoners work for the prison administrations; the few others are employed by third parties (vs over 40% in France). The rate of prisoners working in jails (intramural jobs) is approximately 86%, i.e. only one prisoner out of seven is employed outside the prisons (extramural jobs). At the end of 2013, barely over 2,000 prisoners were employed for extramural jobs (around 3.4% of the total prison population), allocated as depicted in the images in this slide: 36% 35% 29% Semilibert (in proprio o aziende esterne) Dipendenze dell'Amministrazione Penitenziaria Dipendenze Aziende esterne Detention with day release (self employed or employed in external companies) Employed by the prison administration Employed by external companies 85,0 - 90% 40,5% 39,1% 24,2% 10,6% 0,0% 20,0% 40,0% 60,0% 80,0% 100,0% Germania Spagna Francia Italia Inghilterra Average: around 40% Germany Spain France Italy England 85-90% 40.5% 39.1% 10.6% 24.2% 100% 80% 60% 40% 20% 0%
  • 9 Good prison management
  • 10 Good prison management When it comes to prison management, Italy is the country with the highest occupancy rate (one fourth higher than the maximum capacity)... Country Prisoners Total capacity Occupancy rate England 84,697 75,562 112.1% France 68,859 57,680 119.4% Spain 66,937 77,955 85.9% Germany 62,632 76,556 81.8% Italy 60,197 48,309 124.6% Data as of 31/03/2014 for IT, FR, SPA, UK; data as of 30/11/13 for Germany Source: International Centre for Prison Studies
  • Good prison management ...and the second country in Europe for deaths in prison... ...and for high suicide rate 0,29% 0,25% 0,22% 0,22% 0,18% 0,00% 0,05% 0,10% 0,15% 0,20% 0,25% 0,30% 0,35% Spagna Italia Inghilterra Francia Germania 0,13% 0,10% 0,08% 0,07% 0,02% 0,00% 0,02% 0,04% 0,06% 0,08% 0,10% 0,12% 0,14% Francia Italia Germania Inghilterra Spagna Source: Council of Europe Annual penal statistics (2012 data) 11 Spain Italy England France Germany France Italy Germany England Spain 0.29% 0.22% 0.18% 0.13% 0.25% 0.35% 0.30% 0.25% 0.20% 0.15% 0.10% 0.05% 0% 0.22% 0.14% 0.12% 0.10% 0.08% 0.06% 0.04% 0.02% 0% 0.10% 0.08% 0.07% 0.02%
  • Good prison management The overcrowding of the Italian prisons had a negative effect on the the psycho-physical conditions of prisoners, as proven by the high death and suicide rate. It is evidently necessary to not only operate infrastructural improvements, but also to develop rehabilitation programmes within the prisons to improve the prisoners conditions and facilitate their social reintegration. The work carried out during the imprisonment period proved to be a particularly ideal reintegration tool: compared to an overall 60% relapse rate, the average among employed prisoners is about one half of it. In particular, the prisoner employment rate should be increased (which is very low in Italy, as described above) by using work as a major tool for social reintegration. 12
  • Good prison management During my managerial activity I had the opportunity to cooperate with the Rebibbia Prison to launch two programmes of prisoner reintegration into the labour system: the first project started in 1998, when I was chair of TIM [Italian mobile provider]: a programme was developed where prisoners helped filing TIM's lease contracts and utility agreements. The cooperation between TIM and the Rebibbia Prison continues today with a call centre activity ("Call Center 1254"); the second project was launched in 2005 in cooperation with Autostrade [the Italian Highway Company]; it addressed the management of highway violations by processing plate data recorded by surveillance appliances. This cooperation is still ongoing today. Moreover, Rebibbia has always been a state-of-the-art prison regarding education and work opportunities for prisoners (in 1985 the first cooperative companies of prisoners and ex-convicts were founded in Rebibbia). Aside from the cooperation activities mentioned above, further projects were launched in this prison, such as the digitalisation action of 140,000 historical records of the Supervisory Court in Rome, the outsourcing of the "Bambin Ges" Hospital reservation services, waste treatment (besides carpentry and woodwork laboratories), the production of metal fixtures. 13
  • 14 Suggestions
  • Suggestions 15 The prisoners' successful intra- and extramural work activities should progress from the development stage to standard practice in the Italian prison system. To this end, the social reintegration of prisoners through work shouldn't happen on a voluntary basis, but should be made compulsory under the law. For example, hiring prisoners could be made mandatory for public and private companies, as it already happens for the weakest work categories (the handicapped, political refugees, etc.). To this end, it could be mandatory for companies to hire prisoners above a specific number of employees, as it happens today for "protected job categories". More specifically: above a first threshold of employees (e.g. 15-35 people), the companies should be able to choose between hiring a prisoner (or a political refugee) or a worker of a protected job category; above a further limit, the company should then hire an employee taken from a different category than the one from the first threshold.