"The Senate's unanimous vote in favor of life imprisonment for cases of
femicide, this new crime punished with an old penalty, clarifies howvast 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!
https://alternativalibertaria.fdca.it/
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