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(en) Italy, FdCA, IL CANTIERE #37 - Life Imprisonment, the Silence of the Left - Natale Salvo (ca, de, it, pt, tr)[machine translation]

Date Thu, 9 Oct 2025 09:44:33 +0300


"The Senate's unanimous vote in favor of life imprisonment for cases of femicide, this new crime punished with an old penalty, clarifies how vast the gap has become between the cultures of republican Italy and the visions that prevail in the populist era that has been triumphant for several decades." This is the cutting judgment of Michele Prospero, philosopher and professor at Sapienza University in Rome, published in L'Unità[1]. These words reopen-at least a little-the debate on: * life imprisonment, * Article 41bis, * and * solitary confinement. A topic that today seems taboo, buried under a certain penal cleansing that calls revenge "justice." There are two fundamental points from which to begin, beyond slogans: * Article 13 of the Constitution: "Any physical or moral violence against persons subjected to restrictions of freedom in any way is punishable." * Article 27: "Punishments cannot consist of treatment contrary to the sense of humanity and must aim at the re-education of the convicted person. The death penalty is not permitted."
Life imprisonment: when the PCI (and not only) proposed its repeal. The Founding Fathers understood it: life imprisonment is a form of death, slow and civil, but a death nonetheless. Palmiro Togliatti (PCI), already in 1946, said[2]: "The penalty of life imprisonment, being as inhumane as the death penalty, should be equally abolished." He was not alone. Even Roberto Lucifero d'Aprigliano, a liberal monarchist, recognized the value of "humanity" in Togliatti's proposal. And he added: "I do not believe at all in the inhibitory power of punishment for those who, by temperament or particular state of mind, are led to commit certain crimes." Socialist Pietro Mancini went further: "When crimes so serious that they exceed the limits of humanity occur, there is always an underlying disease and abnormality in those who commit them[...]that cannot be struck down so inhumanly." And again: "Punishment has no intimidating effect: so much so that the greatest number of crimes occur precisely in nations where the death penalty is provided." According to him, "30 years of deprivation of liberty are more than sufficient to satisfy the demands of the crime." Mancini emphasized a crucial point: "Life imprisonment brings with it solitary confinement[i.e., isolation, editor's note]that no one can endure without experiencing moments of mental blackout." Lucifero agreed: "Cellular confinement should be banned because it is inhumane." But the president of the Subcommittee, Umberto Tupini (DC), was opposed: «the abolition of life imprisonment could be an incentive to commit heinous crimes, since the only penalty, the death penalty, capable of instilling fear in major criminals has been abolished». Umberto Merlin (DC) was also clear: «people want the satisfaction of knowing that those who have committed a horrendous crime will never leave prison»[3]. The logic is not juridical, it is vindictive. Tupini and Merlin, without saying it openly, admit that life imprisonment is a substitute for the death penalty. And its defence has always had a populist undertone. On 25 January 1947, in the plenary session of the Constituent Assembly, two communists - Umberto Nobile (the famous explorer of the North Pole in 1926 with the airship Norge) and Umberto Terracini - returned to the issue of life imprisonment. They propose that «the sentences restricting personal freedom cannot exceed a duration of fifteen years»[4]. «It is a revolutionary proposal», admits Nobile. Terracini adds: «It would be enough to visit a penal institution to see that the people locked up, after twenty years, are completely brutalised». Even the Sicilian lawyer Ottavio Mastrojanni, of the Common Man's Front, supports them: «The human personality, in contact with sad environments, corrodes, disintegrates». And he states that the Constitution «is the right place to set a maximum limit within which private freedom can be taken away». But the proposal is rejected. Prison remains a black hole where poor people are thrown. 1981: the radicals try to abolish life imprisonment with a referendum In 1981 the Radicals ask for the abolition of life imprisonment with a referendum. 77.37% vote against. But over 7 million Italians vote yes[5]. This is no small thing. Ernesto Galli della Loggia, interviewed by Radio Radicale, says: the referendum on life imprisonment is «in essence, a referendum on the death penalty because life imprisonment is a death penalty without bloodshed. A civil death. A merely formal respect for biological life»[6]. Prospero recalls that in that period «the fascists[MSI, Editor's note]rode the gallows-loving passions of the public and saw prison as the satisfaction of the spirit of revenge»[1]. The abolition of life imprisonment in the program of Potere al Popolo! The last time someone proposed the abolition of life imprisonment (and of 41bis) was in 2018. It was in the program of Potere al Popolo[7], an electoral cartel that brought together Rifondazione Comunista, PCI and Social Centers. Since then, silence. Even on the left. Sources and Notes:[1]L'Unità, 1 August 2025, Michele Prospero, "When the left wanted to abolish life imprisonment, the PCI's yes to the radical referendum".[2]Chamber of Deputies, 10 December 1946, "Constituent Assembly - First Subcommittee - Summary report of the session".[3]Umberto Merlin was among the founders of the Italian People's Party with Luigi Sturzo and Alcide De Gasperi, but was also undersecretary in the first Mussolini government (1922-1923).[4]Chamber of Deputies, 25 January 1947, "Constituent Assembly - Plenary Meeting". The Nobile-Terracini proposal began as follows: «Punishments and their execution cannot be harmful to human dignity. They must have as their primary aim the re-education of the convicted person with the aim of making him a useful element to society». However, it also envisaged that «the death penalty will be permitted only in the Military Codes, in war, and for brutal murders that arouse public indignation».[5]Wikipedia, "Repealing referendum in Italy in 1981".[6]Radio Radicale, 24 March 1981, "The repealing referendum on life imprisonment"[AUDIO].[7]Potere al Popolo, political elections 4 March 2018, "Electoral Programme". The objective of the abolition of life imprisonment and of article 41 bis is confirmed in the 2025 edition of the Programme of Po tere al Popolo!

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