NCJ Number
20465
Journal
Rassegna di Studi Penitenziari Volume: 35 Issue: 1 Dated: (JANUARY/FEBRAURY 1975) Pages: 3-24
Date Published
1975
Length
22 pages
Annotation
RECOMMENDATIONS FOR THE ADOPTION OF LEGAL INSTRUMENTS AND PROCEDURES TO GUARANTEE THE PROTECTION OF PRISONERS' RIGHTS IN THE ITALIAN CORRECTIONAL SYSTEM.
Abstract
AFTER EXAMINING THE HISTORICO-JURIDICAL ASPECTS OF THE PROTECTION OF RIGHTS OF PRISONERS AND ANALYZING INTERNATIONAL TEXTS AND DOCUMENTS. THE AUTHORS REDEFINE THE QUESTION BY COMPARING THE LEGAL POSITION OF PRISONERS TO THAT OF FREE CITIZENS. INDIVIDUAL RIGHTS CAN ONLY BE ENJOYED IF THE LEGAL SYSTEM OFFERS TO THE INDIVIDUAL THOSE INSTRUMENTS, WHICH FROM A SUBSTANTIVE AS WELL AS PROCEDURAL POINT OF VIEW, GUARANTEE BOTH THEIR EXERCISE AND DEFENSE. SIMILAR INSTRUMENTS SHOULD BE MADE AVAILABLE TO PRISONERS, TAKING INTO CONSIDERATION THAT LEGAL PROTECTION SHOULD BE EXTENDED BOTH TO COMMON CIVIL RIGHTS AND TO RIGHTS DIRECTLY CONNECTED WITH THE EXECUTION OF THE SENTENCE. THE LATTER CAN BE PROTECTED THROUGH VARIOUS MEANS WHICH INCLUDE APPEALS TO THE COURTS. TO SPECIAL TRIBUNALS, TO INSPECTORS, TO AN INDEPENDENT OMBUDSMAN, TO MEMBERS OF THE PARLIAMENT, AND TO PRIVATE CITIZENS. THE AUTHORS CONCLUDE BY ATTRIBUTING THE INADEQUATE PROTECTION OF THE RIGHTS OF PRISONERS IN THE MAJORITY OF COUNTRIES TO THE OVER-EMPHASIS PLACED ON THE RESOCIALIZING FUNCTION OF TREATMENT, AND BY STRESSING THE NECESSITY OF A CLEAR DEFINITION OF THE LEGAL STATUS OF PRISONERS FOR THE FULL EXERCISE OF THEIR RIGHTS. --IN ITALIAN