Italian Penitentiary University Centers: Promoting The Inclusion Of Prisoners Through University Education.

This research aims to analyze the right to treatment and re-education of convicts through the instrument of university education. It is no coincidence that general education was put in the first place in the treatment process before religion and work, to emphasize the very instrument that would allow the development of the prisoner's sense of criticality and reflection. In fact, if we start from the axiom that prisoners must serve their sentence within a prison structure and that deprivation of liberty entails a more or less extended stay, it is essential to guarantee them dignified prison living conditions and, above all, that this period should be a precious opportunity for education and an opportunity to recover knowledge and professional training. In Italy, the first "official" course was organized in Padua in the 1960s in order to offer more opportunities to undertake academic studies within a penitentiary institution, while in 1998, the first University Penitentiary Pole (PUP) was founded in Turin. In order to offer more opportunities to undertake academic studies. From that date until today, 92 Prison Institutes have been set up, involving 30 Universities, 177 Departments, and 269 Degree Courses for a total of 926 (897 men, 29 women) students enrolled in the academic year 2019/20. The percentage of students enrolled in university prisons, out of the total prison population, is about 1%. Among them are different prisoners, people in external penal execution who have undertaken studies in prison and who continue them when they obtain benefits, prisoners that are serving their sentences in more restrictive regimes, such as high security and 41bis. This system is unparalleled in other countries in terms of its functional characteristics due to Memoranda of Understanding between the Department of Prison Administration (DAP), the Regional Prison Administration Offices (PRAP), and the various universities in the area

MANTUA HUMANISTIC STUDIES VI

taly pioneered deinstitutionalization 4O years ago, with the famous Law Number 180 in 1978. The mental health reform law abolished the psy- chiatric hospitals and gave back to people with mental issues the full right to citizenship. Mental health policies in Italy in the last four de- cades promoted the growth of community residential settings for people with mental disorders and aimed both at taking care of the suffering and promoting the recovery (balancing a better state of health and integra- tion without discrimination). Several residential solutions characterize the mental health systems with different levels of support and a variety of functions. Among the numerous solutions, supported housing could be defined as ultra-light. Supported housing allows people with mental health problems to relate but at the same time to undergo a light, more economical and more effective therapeutic and rehabilitative control. The drawback of the supported housing system is the local disparities: while virtuous regions have fully implemented not only national but also supranational norms regarding included society, instead in the unvirtuo- us regions families still support the full weight of assistance

WELFARE AND MARKET: A SOCIAL, ECONOMIC AND LEGAL ANALYSIS

Social inclusion is a human right for all people, and it should take into consideration also people that manifest a severe psychiatric illness while incarcerated (rei folli). The United Nations Human Rights Committee has sustained the “positive obligation” of states to protect the rights of those whose vulnerability arises from their status, as prisoners deprived of their liberty. The recent constitutional court ruling No. 99 in 2019 goes in this direction. The recent court ruling maintains that some inmates with mental problems may best serve their court ruling outside the prison (e.g., mandatory postponement, optional deferment, home detention, assistance or residential facilities). Prison, for some inmates, can be a cause of severe pathologies and is now recognized as a possible detriment to mental health. The overcoming of the prejudicial wave that stigmatizes the recluse has taken place thanks to the Italian Constitutional Court through a process that has involved the NBC (National Bioethics Council), but above all the CEDU (European Court of Human Rights) that has focused and fined Italy, on the issue of prisons. The new penitentiary European system promotes the extramural execution of penalties. The European penitentiary policies are inspired partially by the Italian penitentiary, which has been modified thanks to two significant legislative changes, taken as a model by the WHO: the 1978 Basaglia reform (opening of asylums) and the Law No. 81 of 2014 (closing of the Forensic Psychiatric Hospitals (OPG)). With the Basaglia reform mental patients were freed from the mental hospitals and after Law No. 81, no citizen, male or female, has been sent in custody as a security measure to the OPG but in residences meant for the execution of security measures (REMS). To this path of inclusion of the mentally weaker, we must add the recent Constitutional Court Ruling No. 99 in 2019, the focus of this article, which has recognized the prison as a pathogen factor and allowed some inmates, with severe mental problems to serve their court ruling outside the prison and not inside the health units in the same prison. Thus, with this critical ruling, the judge has equated the physical pathology of prisoners with the mental pathology of prisoners. The sentence has effects not only for the insane offenders but also for having thrown light on the penitentiary institution until now considered a “Sancta Sanctorum” of the Italian penal system. The ruling is essential for the same recognition of health issues and mental illnesses. Mental issues of inmates were once neglected by the judiciary or used to reinforce security measures and contain social danger. This ruling is innovative also for having conceived the prison as an inappropriate place for inmates who have been diagnosed with a severe mental illness during detention. Imprisoning people with serious mental issues violates not only Art. 27 of the Constitution, but also the supreme and fundamental Art. 3 of the Convention on Human Rights. This last constitutional ruling confirms that the Constitutional Court has taken into consideration the previous decisions of the European Court of Human Rights (ECHR) on the respect of the absolute prohibition of torture or inhuman or degrading treatment (ECHR, second section, sentence 17 November 2015, Bamouhammad against Belgium, paragraph 119; ECHR, Grand Chamber, the judgment of April 26, 2016, Murray v. Netherlands, paragraph 105; ECHR, the judgment of July 16, 2009, Ric. No. 22635/03, Sulejmanovic v. Italy; ECHR, the judgment of January 8, 2013, Ric. No. 43517/09, Torreggiani and Others v. Italy). The recent Constitutional Court Ruling No. 99 in 2019 affirms that in the event of a violation, it is mandatory for “the jurisdictional authority to provide for the interruption of imprisonment”, * Confirmed Researcher of Public Law, Faculty of Political Sciences, University Federico II of Naples, Italy; Adjunct Professor of Institutions of Public Law and Regional Law, Professor of Public Law, PUP (Prison University Project), Secondigliano, Italy 16 remembering that the scope of the prohibition according to art. Three of the Convention on Human Rights must be extended to the entire prison system, including the prison psychiatric department because even in this place “degrading treatment could be practiced when the therapies are not appropriate, and the detention is prolonged for a significant period of time”. The long wave against prejudice also affects the Italian prison system, including the automatisms (absence of collaboration) that were deemed unacceptable because they precluded access to benefits (Art. 85, paragraph e) of the Law No. 103 of 2017 (Changes to the Criminal Code, the Criminal Procedure Code, and the Penitentiary System). The ruling of the EDU Court in the case of Marcello Viola v. Italy (No. 2), Ric. No. 77633/16, the sentence of June 13, 2019, condemned Italy for violating the Art. 3 Human Rights Convention, or the right of the prisoner to life imprisonment to not be subjected to inhuman and degrading treatment, and therefore, to enjoy discounts of penalty or benefit. Thanks to this last ECHR decision, the Italian legislator must modify the prison regulations accordingly and align several penitentiary institutions (e.g., the special detention regime) to the international human rights standards. The ECHR maintains that inmates should enjoy all the rights internationally recognized as fundamental, from the Universal Declaration of Human Rights (1948) and subsequently from the two international covenants, on civil and political rights, and economic, social and cultural rights (implemented in 1976). European penitentiary policies, however, are modifying the rigid system of security measures – at the moment without affecting the granite Criminal Code Rocco – with rapidity and effectiveness. However, in Italy, the path to the recognition of human, political and civil rights to inmates is still long and tortuous since it can only be reached through the revision of “double track” of the Criminal Code of 1930 (the articles of the Rocco Code are still in force). The recent Italian Constitutional Court Ruling No. 99 was a big step in the direction of recognition of human rights of prisoners; however, Italy in this period is going through the rising tide of penal populism that strongly affects the legislator. Concrete examples of the recent change in the cultural climate on security can be found in the decree-law on the subject of public order and security (Decree-Law No. 53 of June 2019); starting from the changes to the penal code and other provisions on the matter of legitimate defense (Law No. 36 of April 26, 2019); the decree on international protection and immigration, public safety (Decree-Law No. 113 of October 4, 2018, converted with modifications with Law No. 132 of December 1, 2018); finally, the urban security decree (Decree-Law No. 14 of February 20, 2017). Therefore, though the Court Ruling No. 99 was jurisprudentially very progressive, the path of inclusion of the mentally weaker inmates has to face a rise of penal populism in Italy – the public generally tends to prefer punitive policies in the field of criminal justice. Italian society is changing sharply towards a position of closure to foreigners, but also towards social policies, strongly compressed in favor of other more perceptible and politically palatable initiatives

La compassione

In occasione della presentazione del libro del prof. Guido Trombetti "La Compassione" si è aperta una discussione sul tema della pena e della rieducazione

La Costituzione ambientale in Italia: un tentativo di costituzionalizzare il diritto della natura oppure un problematico rafforzamento dei riconoscimenti esistenti?

Il cambiamento climatico costituisce la minaccia più grave per il nostro pianeta. Le costituzioni andine si sono già mosse in direzione ecocentrica attribuendo all’esigenza di difesa dell’ambiente valore prioritario rispetto a quelle dell’uomo. In Italia con la legge costituzionale 11.2.22, n. 1, sono state introdotte innovazioni agli artt. 9 e 41 Cost. per incrementare la tutela dell’ambiente anche se è stato utilizzato un sistema di normazione analitica che contrasta con l’imposizione di un principio certo. Comunque, la collocazione delle nuove disposizioni nell’area dei principi costituzionali comporta indiscutibilmente l’elevazione del livello di tutela. La stessa considerazione dovrebbe valere per l’espresso inserimento dell’ambiente accanto ai limiti dell’utilità sociale nella novella dell’art. 41 Cost. La censura in termini di chiarezza è ancor più marcata nei confronti del rinvio operato dalla novella costituzionale alla legge dello Stato a tutela degli animali, anche perché tale previsione coinvolge il rapporto con le competenze regionali

L’INSEGNAMENTO UNIVERSITARIO IN CARCERE ALLA PROVA DELL’EMERGENZA SANITARIA

Questa ricerca si propone di analizzare il diritto al trattamento e alla rieducazione dei detenuti attraverso lo strumento della formazione universitaria. Non è un caso che l'istruzione generale sia stata messa al primo posto nel sistema penitenziario prima della religione e del lavoro, per sottolineare il suo ruolo cruciale nello sviluppo del senso critico e di riflessione del detenuto. Infatti, se si parte dall'assioma che i detenuti devono scontare la loro pena all'interno di una struttura carceraria e che la privazione della libertà comporta una permanenza più o meno prolungata, è indispensabile garantire loro condizioni di vita carceraria dignitose e, soprattutto, che questo periodo sia una preziosa occasione di istruzione e un'opportunità di recupero delle conoscenze e della formazione professionale. A livello universitario in Italia si sono iscritti 926 (897 uomini, 29 donne) studenti nell'anno accademico 2019/20, sono stati coinvolti 30 Atenei, 177 Dipartimenti e 269 Corsi di Laurea. Nonostante i numeri degli studenti siano aumentati nell'ultimo decennio, la percentuale di studenti iscritti nelle carceri universitarie, sul totale della popolazione carceraria è ancora bassa circa l'1%. L'ondata pandemica ha richiesto nuove misure per garantire il diritto all'istruzione dei detenuti. Le leggi di emergenza hanno garantito a tutti i detenuti, anche a quelli in regime di detenzione speciale, attraverso Internet, non solo il diritto all'istruzione e all'informazione, ma anche all'affettività. Paradossalmente, però, l'apertura a soluzioni telematiche più ampie ha finito per accentuare il digital divide tra detenuti appartenenti a diversi istituti penitenziari, non essendo tutti dotati delle stesse attrezzature e connessioni

Introducing the SlowDrop Attack

In network security, Denial of Service (DoS) attacks target network systems with the aim of making them unreachable. Last generation threats are particularly dangerous because they can be carried out with very low resource consumption by the attacker. In this paper we propose SlowDrop, an attack characterized by a legitimate-like behavior and able to target different protocols and server systems. The proposed attack is the first slow DoS threat targeting Microsoft IIS, until now unexploited from other similar attacks. We properly describe the attack, analyzing its ability to target arbitrary systems on different scenarios, by including both wired and wireless connections, and comparing the proposed attack to similar threats. The obtained results show that by executing targeted attacks, SlowDrop is successful both against conventional servers and Microsoft IIS, which is closed source and required us the execution of so called \u201cnetwork level reverse engineering\u201d activities. Due to its ability to successfully target different servers on different scenarios, the attack should be considered an important achievement in the slow DoS field

L’emergenza pandemica e la rivolta carceraria in Italia: alcune questioni penitenziarie ancora aperte

The pandemic emergency, which has inevitably involved penitentiary institutions, has frightened prisoners not only because of the greater contagiousness of the virus in closed places such as prisons, but also in the face of the flood of restrictive prescriptions dictated by the Prime Minister’s decrees. These decrees have effectively compressed the right of inmates to affectivity and communication. There has been an emergency within the emergency in 21 penitentiary institutions where protests, looting and evasions have been carried out. This is a useful starting point to address some of the unresolved issues that Covid-19 has removed the veil from

New guidelines for social inclusion policies relevant to mental illnesses inside the prison context

Social inclusion is a human right for all people, and it should take into consideration also people that manifest a severe psychiatric illness while incarcerated (rei folli)

Il volto costituzionale del carcere. Lo spazio "vivibile" all'interno del carcere. Art. 13 Cost. la libertà personale.

Lo spazio presente nel carcere alla luce delle recenti sentenze della Corte Edu e della corte costituzionale