JUSTICE: HANDS OFF CAIN, RIGHT TO HEALTH IS VALID FOR ALL EVEN 41 BIS

April 22, 2020:

The association Hands off Cain-Spes contra spem defends the decisions of the Surveillance Court of Milan on the granting of the postponement of the sentence for very serious health reasons in cases of prisoners under the 41 bis regime. The Board of HOC, Sergio D’Elia, Secretary, Rita Bernardini, President and Elisabetta Zamparutti, Treasurer in this regard said the following:
“These are unimpeachable decisions from a constitutional and regulatory point of view. The Constitution recognizes the right to life and health as fundamental rights, prevailing over any other consideration, be it security or public order. It makes no sense to invoke the fight against the mafia and the pain of victims when the binding principles of our Constitutional Charter, our civilization and our humanity are at stake. Principles also sanctioned by international Pacts and Conventions, as well as by the Universal Declaration of Human Rights which in Article 3 indicates the hierarchy and the order of human values: “Everyone has the right to life, liberty and security of person". On the other hand, the postponement of penalty for health reasons is also provided for in the penal code.
In the cases in question, we are talking about seriously ill people, at risk of their lives in continuing the state of detention. It can be said that their condition has been considered so serious that the pandemic has nothing to do with it. Furthermore, it is wrong and misleading to speak of benefits such as release from prison because the Milan surveillance court has ordered a deferral for health reasons.
As Leonardo Sciascia said, the mafia is not fought with the terrible punishment but with the rule of law."