CORIGLIANO ROSSANO. The Supreme Court of Cassation has annulled the provision extending the 41-bis hard prison regime issued by the Minister of Justice against Filippo Solimando, 53 years old, with a significant criminal past. Solimando, detained in Cuneo prison, was convicted of being part of an ‘Ndrangheta association and of having directed an organization dedicated to the importation of drugs from South America and Eastern Europe.
The story of Solimando
Solimando was arrested nine years ago as part of the “Gentlemen 1” maxi-investigation, conducted by the magistrates of the Catanzaro Anti-Mafia District Directorate. This trial led to Solimando being sentenced to 20 years in prison for his role in a vast international drug trafficking ring. The sentence placed him in the special prison regime of 41-bis, with the aim of preventing him from maintaining contact with other members of the criminal world, both inside and outside prison.
The 41-bis Regime
41-bis is an extremely restrictive penitentiary regime, designed to isolate the most dangerous prisoners and prevent them from managing criminal activities from inside prisons. This regime severely limits conversations with family members, allowing a small number of monthly visits through a glass partition, with conversations recorded.
The extension and cancellation process
The provision of 41-bis has an initial duration of four years, extendable with subsequent extensions of two years. For Solimando, the regime had been extended in 2021 and again in 2023. However, against the latest extension, Solimando appealed to the Supervisory Court of Rome, which confirmed the provision. Subsequently, Solimando appealed the decision to the Supreme Court of Cassation.
The ruling of the Supreme Court
At the outcome of the hearing on 7 June 2024, the Supreme Court of Cassation accepted the appeal presented by the lawyer Pasquale Di Iacovo. The Court annulled the extension provision with referral to the Supervisory Court of Rome for a new examination. This decision was not at all obvious, since the law allows such measures to be challenged before the Court of Cassation only in case of violation of the law and not due to defects in motivation.
Implications of the Decision
The annulment of the extension provision of 41-bis for Solimando represents a significant turning point in his legal case. The Supervisory Court of Rome will now have to re-examine the case, evaluating again whether to keep Solimando in hard prison or adopt less restrictive measures. This decision could have wider implications, raising questions about the application and management of the 41-bis regime in Italy.
Attention now turns to the upcoming examination by the Rome Surveillance Court and the possible repercussions for other prisoners in similar situations.
