In the last 30 years the 41bis has been the most important tool in the fight against the mafia. It was conceived by Giovanni Falcone, but only introduced into the Italian legal system after the massacres of Capaci and Via d'Amelio.
What does 41-bis provide for, the detention regime that changed the prison system for mafia members?
The 41 bis is a detention regime that provides for the isolation of mafia bosses in individual cells.
In this regime the boss can't have contacts with the outside and inside of the prison, contacts with the prison guards themselves are also severely limited.
Its introduction radically changed the prison system for the mafiosi, who lived until then in a kind of holiday inside the prison, in which they continued to manage their criminal activities.
The 41 bis allowed for the first time to isolate the mafia bosses and to block all their communications with the outside world.
With 41-bis, mafia members cannot maintain contact with affiliates
Thanks to this regime of detention, the mafiosi they can no longer maintain contact with their affiliatesnor issue orders and directives.
In addition, individual cell isolation it prevents the bosses from managing the life inside the prison, thus avoiding the possibility of lording it over directors and guards.
How long does the detention last under the 41-bis
The law provides for solitary confinement without contact for the duration of 4 years under the 41-bis, this duration is however renewable and extendable for another 2 years from time to time if the "boss" was still in a position to have risky contacts with the outside or inside the prison.
when it appears that the ability to maintain links with the criminal, terrorist or subversive association has not failed
What is the prisoner's cell like at 41-bis
Inside the cells of the 41-bis detention regime, there are only a few pieces of furniture including:
- a bed,
- a table,
- a chair fixed to the floor
In this type of detention, the inmate is subjected to a continuous surveillance for 24 hours a day and he is prohibited from having personal belongings.
Where prisoners under 41-bis are incarcerated
Most of the prisoners under the 41a is incarcerated in the prison of L'Aquila, but there are still many detainees currently held in other facilities.
In total, the prisoners under 41-bis are located in:
- L'Aquila
- Milan (Opera),
- Sassari,
- Spoleto,
- Novara,
- parma.
The mafia's objective was the elimination of the 41 bis
The abolition of 41 bis was one of the first requests made by Totò Riina during the negotiations between the mafia and the state.
The goal of the mafia was to eliminate this detention regime that it represented a real threat for the power and influence of mafia bosses.
The massacres of 1993, in which the judge lost his life Giovanni Falcone, his wife and three escort agents, they were intended for this very purpose.
The request for closure of the 41 bis and the sentence of the European Court
Despite the constant attacks suffered, 41 bis lasted for 30 years.
Unfortunately today it is once again under attack and in addition there is a sentence from the European Court.
In fact, there are many voices calling for its abolition, stating that this regime of detention violates the human rights of prisoners.
On the other hand, supporters of the 41 bis claim that this regime has proved itself fundamental in the fight against the mafia and that its abolition would be a serious mistake.
Mafia bosses are not "normal" prisoners and as such need more restrictive measures.
The sentence of the European Court: 41 bis is torture
The European Court of Human Rights has ruled that the 41-bis regime and solitary confinement represent a form of torture.
This system, according to the European Court, is contrary to the European Convention on human rights, and in particular to article 3 which prohibits the practice of torture, cruel, inhuman and degrading punishments.
The 41 bis, a pillar in the fight against the mafia
The 41 bis represents one of the main tools in the fight against the mafia.
This detention regime made it possible to isolate the mafia bosses need block all their communications with the outside world, preventing them from managing the criminal activities from inside the prison.
Despite the pressure for its abolition, the 41 bis still represents a fundamental pillar in the fight against the mafia in Italy.
