Posted By: furio_from_naples
The Europe against the Italian Life Sentence - 10/10/19 11:20 AM
https://www.panorama.it/news/in-giustizia/ergastolo-ostativo-cosa-prevede-europa/
What is a obstative life sentence
For Europe, Italian obstative life sentence is an "inhuman punishment". Here's what you expect
The European Court of Human Rights today asked Italy to review its rules on life imprisonment. The Court held that obstative life imprisonment is contrary to Article 3 of the European Convention on Human Rights, which prohibits inhuman and degrading punishments. In the absence of appeals, the sentence will become final in three months.
For obstative life sentence means the sentence that provides for life imprisonment: the so-called "end of sentence:never". According to Italian law, even those who are sentenced to life imprisonment are entitled to certain benefits (such as probation), and can make use of permission-award; after 26 years in prison, moreover, the condemned to life imprisonment can be granted conditional freedom if, during the detention, he has kept a good conduct and a behavior such to believe that his repentance is sincere.
obstative life sentence is the exception to the rule, as it does not allow any type of benefit or reward to be granted to the offender. For this reason, obstative life sentence is imposed only on highly dangerous individuals who have committed certain crimes: for example, kidnapping for ransom or the mafia-type association. For them there is only the "end of sentence:never": among the last cases, we recall that of the mafia boss Bernardo Provenzano, who died in prison in July 2016 after a very long illness.
The Strasbourg decision concerns in particular the case of Marcello Viola, a convict for mafia association, for murders and kidnappings, who had been sentenced to life imprisonment in the early 1990s, to which the Italian government must now pay 6 thousand euros for legal costs.
In the ruling the Strasbourg judges point out that "the lack of collaboration is equated with an irrefutable presumption of danger to society" and this principle means that the national courts do not take into consideration or reject the requests of those sentenced to life imprisonment. The Court observes that if "collaboration with justice can offer to who are sentenced to obstative life imprisonment a way to obtain some benefits", this "road" is too narrow.
In the sentence it is observed that the choice to collaborate is not always "free", because for example some convicts are afraid that this puts their families in danger. The Strasbourg judges also write that "it cannot be assumed that any collaboration with justice implies real repentance and is accompanied by the decision to cut all ties with criminal associations".
The Court does not deny the seriousness of the crimes committed by Marcello Viola, but criticizes the fact that the man, only because he did not cooperate with the justice, was refused requests for leaving prison, despite many reports indicating his good conduct and a positive change in his personality.
The sentence states that depriving a convict of any possibility of rehabilitation and therefore of the hope of being able to leave prison one day violates the basic principle on which the European convention of human rights is based, respect for human dignity.
Like all the judgments of the European Court, this one too will make jurisprudence and will have wider effects: it can be applied against anyone who finds himself serving a sentence of that kind.
Life imprisonment in the Italian legal system is regulated by article 17 and following of the Penal Code. Article 22 says that "the sentence of life imprisonment is perpetual, and is granted in one of the establishments for which it is intended, with the obligation of work and night-time isolation".
WHO IS MARCELLO VIOLA?
Marcello Viola, in prison for four life sentences,is considered the boss of the homonymous family, protagonist of the Taurianova feud and instigator of the murder of Giuseppe Grimaldi, which occurred on 3 May 1991 in the "Black Friday" of the town of the Plain of Gioia Tauro : the killers beheaded him and with his severed head they did target shooting in a town square.
What is a obstative life sentence
For Europe, Italian obstative life sentence is an "inhuman punishment". Here's what you expect
The European Court of Human Rights today asked Italy to review its rules on life imprisonment. The Court held that obstative life imprisonment is contrary to Article 3 of the European Convention on Human Rights, which prohibits inhuman and degrading punishments. In the absence of appeals, the sentence will become final in three months.
For obstative life sentence means the sentence that provides for life imprisonment: the so-called "end of sentence:never". According to Italian law, even those who are sentenced to life imprisonment are entitled to certain benefits (such as probation), and can make use of permission-award; after 26 years in prison, moreover, the condemned to life imprisonment can be granted conditional freedom if, during the detention, he has kept a good conduct and a behavior such to believe that his repentance is sincere.
obstative life sentence is the exception to the rule, as it does not allow any type of benefit or reward to be granted to the offender. For this reason, obstative life sentence is imposed only on highly dangerous individuals who have committed certain crimes: for example, kidnapping for ransom or the mafia-type association. For them there is only the "end of sentence:never": among the last cases, we recall that of the mafia boss Bernardo Provenzano, who died in prison in July 2016 after a very long illness.
The Strasbourg decision concerns in particular the case of Marcello Viola, a convict for mafia association, for murders and kidnappings, who had been sentenced to life imprisonment in the early 1990s, to which the Italian government must now pay 6 thousand euros for legal costs.
In the ruling the Strasbourg judges point out that "the lack of collaboration is equated with an irrefutable presumption of danger to society" and this principle means that the national courts do not take into consideration or reject the requests of those sentenced to life imprisonment. The Court observes that if "collaboration with justice can offer to who are sentenced to obstative life imprisonment a way to obtain some benefits", this "road" is too narrow.
In the sentence it is observed that the choice to collaborate is not always "free", because for example some convicts are afraid that this puts their families in danger. The Strasbourg judges also write that "it cannot be assumed that any collaboration with justice implies real repentance and is accompanied by the decision to cut all ties with criminal associations".
The Court does not deny the seriousness of the crimes committed by Marcello Viola, but criticizes the fact that the man, only because he did not cooperate with the justice, was refused requests for leaving prison, despite many reports indicating his good conduct and a positive change in his personality.
The sentence states that depriving a convict of any possibility of rehabilitation and therefore of the hope of being able to leave prison one day violates the basic principle on which the European convention of human rights is based, respect for human dignity.
Like all the judgments of the European Court, this one too will make jurisprudence and will have wider effects: it can be applied against anyone who finds himself serving a sentence of that kind.
Life imprisonment in the Italian legal system is regulated by article 17 and following of the Penal Code. Article 22 says that "the sentence of life imprisonment is perpetual, and is granted in one of the establishments for which it is intended, with the obligation of work and night-time isolation".
WHO IS MARCELLO VIOLA?
Marcello Viola, in prison for four life sentences,is considered the boss of the homonymous family, protagonist of the Taurianova feud and instigator of the murder of Giuseppe Grimaldi, which occurred on 3 May 1991 in the "Black Friday" of the town of the Plain of Gioia Tauro : the killers beheaded him and with his severed head they did target shooting in a town square.