The situation in juvenile prisons

Translated by Giulia Maffeis

The Antigone Association has issued a report on the situation in juvenile prisons one year after the issuance of the Caivano decree (law decree 123/2023 concerning “Urgent measures to combat youth distress, educational poverty, and juvenile delinquency, as well as for the safety of minors in the digital environment”).

The Caivano decree aimed to modify a juvenile justice system that has been a model of efficiency in Europe for decades, with an educational model capable of reintegrating young people into society. For example, the European Union Directive No. 800 of 2016 on procedural guarantees for minors investigated or accused in criminal proceedings looked closely at the Italian model.

Despite this, based on social alarms generated by news events (so-called baby gangs), the government decided to adopt the Caivano decree in September 2023, which was later converted into law on November 15, 2023 (Law No. 159/23). The report is demonstrating that these alarms are temporary compared to the reality of the situation, which sees juvenile crime rates returning to pre-pandemic levels, in an overall decline.

“Tensions within the prison are increasing, and we have seen a closure of activities for the young people like never before,” said Susanna Marietti, national coordinator of Antigone, during the report's presentation in Rome on October 2.

The Caivano decree has caused an expansion of punitive action at the expense of the educational approach towards the juvenile community, sharply contrasting with constitutional principles.

Instead of continuing along a proven virtuous path, the paradigm has been shifted towards aligning juvenile penal instruments with those intended for adults, which in Italy have not proven effective.

Instead of aiming for the education of minors to reintegrate them into society, the data demonstrate a desire to neutralize them,, first from the government and then from the parliamentary majority confining them among the prison population. Since the current government took office, the number of individuals in juvenile prisons has increased by 48%. In October 2022, the IPMs housed 392 people, whereas as of September 15, 2024, they host 569, most of whom have committed property crimes, and two-thirds have not yet been definitively convicted (Art. 27, paragraph II, Constitution: The accused is not considered guilty until a final conviction). This increase in the number of inmates has led, for the first time in Italian IPMs, to overcrowding, reaching 110%. Of the 17 institutions nationwide, 12 exceed their maximum capacity.

“This discomfort has resulted in numerous uprisings involving almost all the juvenile institutions in Italy,” emphasizes Susanna Marietti. “Protests that should lead to listening to these young people, understanding what they have to say, while the implicit message seems to be to keep them, neutralize them, without worrying about their future and social reintegration.”

The distress of these young people caused by the introduced measures and their consequences are also shown in the increased use of psychotropic drugs.

The data collected by the Antigone Association regarding the application of the Caivano decree and the recent events occurring within the IPM Beccaria in Milan demonstrate that a dangerous step backward has been taken for Italian juvenile justice, known for its strongly educational and rehabilitative character, and that the new provisions do not resolve the underlying issues of youth distress and delinquency. The document is highlighting that instead of ensuring bigger safety, the new regulations could worsen the situation, increasing marginalization and the likelihood of recidivism.