Introduction

The 2024 Report to Parliament published by the National Guarantor of the Rights of Persons Deprived of Personal Liberty provides an updated overview of the conditions within places of detention and holding facilities in Italy. In the criminal context, the Report analyses the persistent overcrowding of detention facilities for both adults and minors and, consequently, the inmates' quality of life, taking into account the differentiated needs of various population groups. Regarding the detention of migrants, in addition to the formulation of recommendations on issues such as identifying vulnerabilities and ensuring access to justice, the Guarantor calls for the expansion of its competencies to the new detention premises opened in Italy and Albania. The Report also details the conditions of holding cells managed by police forces, it reiterates the chronic unavailability of beds in the REMS, and highlights the application of disproportionate restrictive measures in other healthcare facilities monitored by the competent Organisational Units (U.O.).

Deprivation of liberty in the criminal context

In 2024, the Authority handled 358 complaints and reports from restricted individuals, their family members and lawyers and conducted 90 visits to 68 facilities, 56 of which were prisons, accounting for 23 per cent of the national total. A descriptive report was drafted for each visit, with major criticalities reported to the Prison Administration or included in online summary reports; furthermore, based on the acquired data, two thematic reports were published, dedicated respectively to critical events and the analysis of the prison population.

In the section reviewing quantitative data, the National Guarantor classifies overcrowding not as a contingent emergency, but as a structural constant of the Italian penitentiary system, in line with European jurisprudence. As of December 31, 2024, the prison population amounted to 61,861 individuals against a real capacity of 46,821 places, reaching an overcrowding rate of 132.12%. The increase observed in recent years is attributable to the use of remand and, significantly, to prison entries following a final conviction. Based on this statistical evidence, the Guarantor recalled the importance of promoting access to non-custodial measures, consistent with the rehabilitative function of punishment as set out in Article 27 of the Constitution, and called for an integrated approach combining the penal system reform, alternative measures and social reintegration.

Regarding the composition of the population, a significant proportion of elderly inmates with specific needs was noted, alongside an increase in the number of young adults aged  between 18 and 25. Female detainees, who represent 4.4% of the population, are mostly confined in female sections of male institutions, resulting in limited access to dedicated treatment activities. In order to avoid political instrumentalisation, the fact that 31.48 per cent of the prison population are foreign nationals has led the Guarantor to highlight the specificities and criticalities defining their detention conditions. In particular, the growing language and cultural barriers, coupled with a legal status which is sometimes unstable, make it clearer that opportunities for integration and opportunities for rehabilitation programmes are limited for a significant share of the prison population.

Similar dynamics are found in Penal Institutes for Minors (IPM), where an overcrowding rate of 104.99% and a 111.9% overall increase in the detained juvenile population highlight concerning developments regarding the well-being of young detainees and the rise of violence in the 16-17 age group. As for the female population, whilst the presence of only two specialised institutions nationwide prevents a flexible response to potential future increase, the consequent forced removal of a significant portion of young female inmates from their family and social environment risks compromising an effective reintegration process. Furthermore, the nearly equal distribution by nationality within male institutions reveals the presence of social vulnerability factors and integration difficulties for the foreign component even in the juvenile context. Starting from these conditions and considering that many lack a rooted family structure, the Guarantor emphasised the need to strengthen interpreting, cultural mediation and psychological support services, given the high risk of communication and social isolation. Additionally, in light of the differing criminological patterns affecting the two groups, where a higher incidence of property crimes interests foreigners and a prevalence of crimes against the person interest Italians, the Guarantor urges the planning of targeted interventions that also consider socioeconomic and environmental backgrounds to ensure effective social reintegration.

The detainees’ quality of life, reconstructed through complaints’ analysis, represents a significant section of the Report. The most worrying aspect remains the prison healthcare system, which concerns 24.6 per cent of complaints and in relation to which there are delays in specialist consultations, discontinuity of treatment and inconsistencies between facilities due to staff shortages and poor regional coordination. Meanwhile, regarding mental health care, there is insufficient capacity in the dedicated units and the “sine titulo” detention of 31 people awaiting transfer to appropriate facilities. Given the full picture, the Guarantor has urged standardised guidelines and specialisation courses in prison medicine with some universities. With regard to material and hygienic conditions, representing 17.3% of the complaints, issues include crumbling premises, outdated facilities, a lack of hot or running water and insufficient food. The Guarantor, in addition to undertaking specific actions on certain prisons, stressed the urgency of ensuring coordinated management of maintenance, sanitary supplies and housing condition checks, promoting collaboration between the competent Ministry and the Regions.

The Authority also noted inconsistencies in the exercise of the right to visits and unmotivated revocations of permits in the event of transfers. Regarding the latter cases, the Authority emphasised the obligation to provide transparent reasons, given the frequent use of generic justifications lacking any individual assessment. The scarcity of reports on rehabilitation activities in the strict sense, interpreted as a sign of widespread mistrust, prompted the Guarantor to work with the CNEL and to call for a comprehensive national plan for employment and training. Finally, a total of over 250 thousands critical incidents were reported, including deaths, suicides, acts of self-harm and acts of protest. The phenomenon of suicides, considered to be closely linked to prison conditions, was the subject of specific monitoring reports by U.O. 2. 

Deprivation of liberty by police forces

Organisational Unit 3, in its annual mapping of holding cells operated by the Carabinieri, the State Police and the Guardia di finanza, found that out of a total of 1,934 cells, 698 cells were inoperable. 

The Unit also monitored forced repatriation operations under the Asylum, Migration and Integration Fund (AMIF) project and Frontex agreements, participating in international missions to supervise procedures involving deprivation of liberty and to ensure respect for the fundamental rights of those involved.

A key aspect of the Unit’s work relates to promoting a culture of proportionate use of force and respect for individual rights through training activities involving the police forces and in collaboration with two Italian universities.

Deprivation of liberty and migrants

The legal framework regulating the condition of migrants, which is deeply affected by provisions that can result in situations of deprivation of personal liberty, entails the Guarantor’s full involvement in relation to the facilities and procedures connected to the detention of migrants. To address this complexity, the Report features a thematic focus authored by Mario Serio (Part Three), a member of the Guarantor’s Board. In his contribution, Serio emphasises the decisive importance of the definition of “Safe countries” on the scope of safeguards and on the practical possibility of those seeking international protection in Italy of gaining access to effective protection. In this regard, the Guarantor has chosen to cited Judgment No. 33398 of 19 December 2024, in which the Court of Cassation clarified that the judge retains the power to assess the safety of the country of origin when the applicant has put forward specific grounds relating to their own situation, without replacing the Government. These principles were later confirmed in the Court of Justice of the European Union (CJEU) ruling of August 1, 2025.

On an operational level, the Authority has the duty to visit and monitor the places of “deprivation of liberty” indicated in Article 10-ter of the Consolidated Immigration Act (TUI). The mapping kept annually by the Guarantor is crucial for identifying such places, including hotspots, border crossings, and centres for unaccompanied minors, where de facto deprivation may occur even in the absence of a formal provision. On this last point, the Guarantor recalls the ruling in which the European court of Human Rights (ECtHR) ascertained the violation of Articles 3 and 5 of the Convention regarding the treatment of minors in the Taranto hotspot. During the relevant period, the Guarantor's monitoring action extended to the detention premises dedicated to asylum seekers subjected to accelerated border procedures with detention at the Pozzallo-Modica and Porto Empedocle hotspots, to which the Gjader facility in Albania was added in October 2024, outlining a transnational network of detention sites.

President Riccardo Turrini Vita directly addresses the Authority’s future challenges in this area in the opening of the Report (Part One). In his introductory remarks, the President calls for a review of the Authority’s structure and modus operandi in light of the new Screening Regulation and the Procedure Regulation. This pressure stems from the obligation on Member States to ensure the operation of an independent national monitoring mechanism, capable of guaranteeing that access to the various detention centres is both timely and frequent, and from the increased number of expected removal orders.

Regarding the Pre-Removal Detention Centres (CPRs), U.O. 4 constantly monitored the functionality of the premises, verifying their security, privacy, sanitary adequacy, and socialisation opportunities for detainees. Subsequently, the Authority issued a series of recommendations, including the implementation of multidisciplinary procedures to identify vulnerabilities and prevent the risk of suicide, whilst also ensuring full access to clinicial documentation to assess suitability for detention and continuity of treatment. To protect access to justice, the Guarantor urges the Judicial Authority to receive complete files to make fully informed judgments during validation and extension hearings, while indicating the urgency of initiating residence permit procedures to guarantee the rights of those in ascertained non-expellable situations.

These facilities were also the focus of an amicus curiae intervention and support for the mission of the Council of Europe’s Committee for the Prevention of Torture (CPT).

Deprivation of liberty in the healthcare, socio-healthcare and welfare sectors

The analysis of reports collected by U.O. 5 highlighted limitations that deeply affect the quality of life primarily within residential care facilities (RSA) and residential facilities for people with disabilities (RSD). The petitions highlighted issues such as restrictions on freedom of movement disproportionate to the actual clinical needs of residents, obstacles to the continuity of family and social ties due to often rigid internal regulations, and a correspondingly wide margin of discretion for the welfare guardian. Regarding this last point, the Authority stressed the need to strengthen the control of the guardianship judge to prevent the administrator's actions from becoming arbitrary.

Another highlighted issue concerns the significant heterogeneity observed in the implementation of Compulsory Health Treatment (TSO) within Psychiatric Diagnosis and Treatment Services, where the adoption or extension of a TSO often occurs without adequate preliminary investigation, risking to create automated mechanisms that would ultimately transform it into an ordinary tool for managing psychiatric crises. 

Regarding REMS, the desk-based monitoring conducted by the Caserta Health Authority and the analysis of relevant reports confirmed a worsening of the psychiatric conditions of the individuals involved, due to the chronic lack of beds and the consequent detention in prison of people with psychiatric disorders without a legitimate detention title. The Guarantor emphasised how this situation, in light of European jurisprudence, constitutes a substantial violation of Article 3 of the ECHR, as it represents inhuman and degrading treatment, in addition to generating serious consequences regarding respect for personal liberty and the right to health. 

Studies, national and international relations

Organisational Unit 7 carries out study and research activities aimed at deepening issues related to the deprivation of liberty, overseeing the coordination of the Guarantor’s publications and updates on internal and supranotional legislative processes. In this capacity, the Authority participated in drafting several opinions submitted as amicus curiae before the ECtHR.

On a consultative level, among various interventions, the Guarantor made observations on the bill regarding early release, noting that granting the prison director the power to authorise it constitutes a de-jurisdictionalisation incompatible with the reservation of intervention to the judicial authority.

In implementing the obligation set forth by the UN Convention against Torture, the Unit also conducted the training of thousands of selected cadets and high-ranking officials belonging to the Carabinieri and the Polizia.

Conclusion

The overall picture provided by the Guarantor’s 2024 Report confirms the dual value of the Authority’s action: as an immediate tool for protecting the rights of persons deprived of their liberty and as a channel of systemic knowledge. This channel is capable of bringing to light structural and systemic criticalities, such as overcrowding in the criminal context, healthcare deficiencies in institutions, and inconsistencies in the treatment of detained migrants; as well as urging the adoption of organic and standardised policies across the national territory.

In this perspective, the Authority has called for an expansion of its powers, considered a necessary condition to ensure timely and widespread interventions tailored to the specificities of various places of deprivation of liberty.