The report

Migrants, the Council of Europe's accusation: 'Mistreatment and use of psychotropic drugs in Italian prisons'

Published the report of the European Committee for the Prevention of Torture on its visit in April 2024 to the Detention Centres for Return (CPR) in Milan, Gradisca, Potenza and Rome. The Committee is a human rights body of the Council of Europe

13 December 2024

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Key points

EU inspectors in Italian Cpr
Criticism of the use of psychotropic drugs
Criminal investigations
Health procedures to be reviewed
Insufficient legal guarantees
The response of the Italian authorities

4' min read

The European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) of the Council of Europe published the report on its visit to Italy in April 2024, together with the response of the Italian authorities. The Committee is a body of the Council of Europe, the organisation that deals with human rights and has nothing to do with the institutions of the European Union.

EU inspectors in Italian Cpr

The visit - the Committee reported in a note - focused on the treatment and detention conditions of foreign nationals detained in four detention centres for repatriation (CPR) in Milan, Gradisca, Potenza and Rome. The CPT found several cases of alleged physical ill-treatment and excessive use of force by police officers against foreign nationals detained in the CPRs visited, usually following disturbances or vandalism in the centres. The report highlights the absence of any rigorous and independent monitoring of such interventions by the police and the lack of accurate recording of injuries sustained by those detained or any assessment of their origin.

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Criticism against the use of psychotropic drugs

The Committee is also critical of the widespread practice of administering non-prescribed psychotropic drugs diluted in water to foreign nationals, as documented at the Potenza CPR. The practice of transporting foreign nationals to a CPR handcuffed in a police vehicle without them being offered food and water during journeys of several hours should be reviewed.

More generally, the Committee is highly critical of the physical layout and design of CPRs and in particular of the prison environment, which could be considered similar to those observed by the Committee in detention units housing special regime prisoners. Examples of such elements include ttriple metal screens at windows and external cage-like structures. Other deficiencies identified include the poor quality of food provided to detainees and the lack of toiletries in stock.

Criminal Investigations

In terms of the regime of activities offered, foreign nationals were effectively warehoused in the CPRs, with the relevant CPR contractors investing only minimal efforts to offer some activities of a targeted nature. The relevant tender specifications (specifications) had not been complied with and the CPT noted that several criminal investigations had been opened against the management of several CPRs. The CPT had the distinct impression that the high rate of critical events and violence recorded within the CPRs was a direct consequence of the disproportionate security restrictions, the lack of individual risk assessments for foreign nationals and the fact that detained persons were in fact provided with nothing with which to occupy their time. The Committee supports the introduction of a full range of targeted activities, particularly in light of the extension of the detention period to a maximum of 18 months.

Health procedures to be reviewed

In relation to the provision of health care, the current system of general practitioners certifying a person as fit for detention in a CPR should be reviewed to ensure that doctors with previous experience and knowledge of conditions in a secure environment are involved. The CPT also believes that the medical screening of detained persons upon their admission should be improved. The current approach whereby various police agencies, particularly riot and intervention teams, provide custody supervision within CPRs on a rotating basis is not appropriate. In the CPT's view, there is a need to create a dedicated corps of detention officers adequately trained in the specific challenges of supervising persons placed in immigration detention centres, particularly with regard to interpersonal skills and the ability to recognise symptoms of possible stress reactions.

Insufficient legal guarantees

Regarding the legal guarantees provided to persons detained in a CPR, the CPT recommends improving access to a lawyer. Furthermore, foreign nationals detained in so-called suitable premises - detention areas in national police stations at ports, airports and border crossings - should be provided with the necessary guarantees, such as information on their rights, access to a lawyer and notification of their detention to third parties.

The report concludes that the CPT's findings, particularly in relation to the poor material conditions, the absence of an activity regime, the disproportionate approach to safety, the variable quality of healthcare and the lack of transparency in the management of CPRs by private contractors, call into question the application of this model by Italy in an extra-territorial context, such as in Albania.

The Italian authorities' response

In their reply, the Italian authorities provide detailed information on the functioning of extraterritorial efforts to detain migrants in the centres on Albanian territory, with particular reference to the assessment of their vulnerability. Furthermore, the Italian authorities indicate that the cases of physical ill-treatment described in the report were not the subject of criminal investigations and that several inspections were carried out by the health authorities at the Potenza CPR in relation to the practice of alleged widespread over-medication of detained persons.

Details on the design and layout of the CPRs are also provided and some prison and security elements are justified in light of the high rate of vandalism by the inmate population. The response also contains information on inspections carried out by the Ministry of the Interior at various CPRs to verify the standards of material conditions and staffing levels. Finally, reference is made to the publication of the new tender specifications for the management of CPRs.