Protection of Prisoners with Mental Health Disorders in Italy: Lights and Shadows after the Abolition of Judicial Psychiatric Hospitals

Abstract

In Italy, a person suffering from a mental disorder who commits a crime will be given a custodial security order and serve the period of admission at a Residenza per la esecuzione delle misure di sicurezza (REMS) (Residence for the Execution of Security Measures, hereinafter “REMS”). These institutions have been established recently and though equipped with the necessary safety measures, the focus is on psychiatric therapy. Despite being present on a national scale, access is very limited in terms of capacity. Immediate remedial measures are needed, so much so that the European Court of Human Rights recently condemned Italy for this very reason. This article, through a review of the constitutive principles of these institutions, shows how they have very positive aspects such as the attention to necessary psychotherapy in order to protect the right to health and the real taking charge of the fragility of the subjects; however, it is seen how there are many negative aspects linked above all to the scarce availability of places in these structures. The article provides suggestions on a more comprehensive strategy for facilities for detainees with mental disorders.

Torture and Maltreatment in Prison: A Medico-Legal Perspective

“…Sexual abuse can be broadly defined as including violence against sexual organs, including the introduction of foreign bodies into the vagina or the rectum, rape, and other forced sexual acts, and mental sexual violence, such as forced nudity, sexual humiliation, sexual threats, and forced witnessing of sexual abuse. The prevalence of sexual abuse is high among victims of prison maltreatment [24][25][26][27][28][29][30][31]. Neal et al showed that various factors make it difficult to carry out fact-finding missions.…”

“…There are some differences between the forms of sexual torture applied to men and women. Rape in men's prisons was first recognized as a crime by the U.S. Supreme Court in Farmer v. Brennan (1994) [24], which unanimously ruled that the Eighth Amendment's prohibition of cruel and unusual punishment has been violated in cases where prison guards acted with "deliberate indifference" and "ignored a substantial risk of serious harm" to the inmate, noting that sexual abuse "is not part of the punishment that criminals pay for their crimes against society".…”

The murder of a psychiatrist in Italy raises problems for all of us

“…The conversion to a model of care, based on residential facilities in a community equipped only with clinical personnel (Residence for the Execution of Security Measures, hereinafter "REMS"), is indicated, except for individuals who no longer pose a threat to society, who must be discharged and assisted by the local Mental Health Department. 4 At the same time, the safety measure tool itself was redefined, limiting the possible application time for mentally ill offenders. The transition from the OPG system to the REMS system posed considerable difficulties.…”