Living confined

Translated by Irene Cecchi

Out of Breath. That is the title chosen for the 21st Report by Antigone on prison conditions in Italy. A title that is the reality for minors imprisoned in juvenile detention centers: out of breath because of a lack of space, lack of rights, lack of opportunities, lack of prospects and ultimately, a lack of future.

This already stifling situation is being worsened by recent government policy decisions. These include the introduction of a new crime —prison revolt— under Decree-Law No. 48/2025 (the so-called Security Decree) that, although it was meant for urgent matters, it was used after the corresponding draft law had stalled in Parliament. Another key factor is the impact of the Caivano Decree, which was later converted into law on November 15, 2023 (Law No. 159/23). This decree intervened in a juvenile justice system that had long been considered a model for the rest of Europe, shifting its focus away from education and rehabilitation and toward a more punitive approach. Rather than continuing along a path that had proven effective, the system's paradigm was reversed: juvenile criminal law began to align more closely with adult criminal law, despite the latter's limited success in Italy. This change has led to an increase in the number of juveniles in custody, even though juvenile crime has been declining.

This approach’s failure is evident in the statistics presented in Antigone’s report. As of the end of March 2025, there were 597 young people in custody in Italy’s 17 Juvenile Penal Institutes (IPMs), including 26 girls. Of these 17 facilities, 9 are overcrowded: a situation that had never occurred before and that, according to Antigone, is a direct result of the Caivano Decree, which has reduced the use of alternatives to incarceration and increased the use of pre-trial detention (currently 65% of all juveniles in IPMs, rising to 81.4% if only minors are considered). Overcrowding has reached up to 150% in some facilities, such as IPM Beccaria in Milan and IPM Quartucciu in Cagliari. A 150% occupancy rate means that a space designed for 2 people is occupied by 3. This kind of physical compression often leads to the deprivation of fundamental rights. The "price to pay" should be the loss of liberty, not of dignity—a principle enshrined in Article 3 of the Italian Constitution, that is at the core of the entire constitutional framework.

Another indicator of the distress these young people face is the sharp increase in the use of psychiatric medications inside IPMs. According to an investigation by Altreconomia, per capita spending on benzodiazepines and antipsychotics —used to sedate anxiety, agitation, or psychiatric crises— has significantly risen.

The numbers are staggering:

• In Turin, spending increased by 64% from 2022 to 2024;
• In Nisida, it rose by 352% over three years;
• In Pontremoli, it shot up by over 1,000%;
• In Rome, it increased by 71%.

The report also highlights the types of crimes committed: 50.8% were property crimes, while 22.9% were crimes against individuals.

In response to this situation, the government introduced a new crime under Article 26 of Decree-Law No. 48/2025 (Security Decree): revolt inside a penal institution. This crime is defined as follows: any individual who, with a group of three or more people, participates in a revolt inside a correctional facility —using violence, threats, or resisting orders aimed at maintaining order and security— can be punished with 1 to 5 years of imprisonment. Under certain conditions, even passive resistance can fall under this charge.

Antigone has voiced strong concerns about this new provision, arguing that it is designed to suppress dissent in prisons by criminalizing protest. The organization warns that the measure could even punish non-violent protest, such as passive resistance that is often the only way detainees can express their frustration or suffering.

Currently, the decree is still undergoing Parliamentary review, and the 60-day deadline for its conversion into law will expire in mid-June 2025. Therefore, the final version of this new crime has not yet been determined.

There’s a growing sense that once you cross the threshold of a juvenile correctional facility, you are meant to stay there. That society has neither the time nor the will to consider your future. That the constitutional principles of rehabilitation and reintegration have become luxuries instead of fundamental rights.

And perhaps, for many, it is simply more convenient to pretend they don’t exist.

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