It is used against people imprisoned for particular crimes, such as Mafia-type association under 416-bis (Associazione di tipo mafioso), drug trafficking, homicide, aggravated robbery and extortion, kidnapping, terrorism, and attempting to subvert the constitutional system.
Measures normally include bans on: the use of the telephone; all association or correspondence with other prisoners; meetings with third parties; receiving or sending sums of money over a set amount; receiving parcels (other than those containing linen) from the outside; organising cultural, recreational or sporting activities; voting or standing in elections for prisoner representatives; and taking part in arts-and-crafts activities, etc., as well as restrictions on visits from members of the family (once per month and visitors are only allowed to communicate by intercom through thick glass).
354 of 26 July 1975)[5] as an emergency measure to deal with prison unrest and revolts during the Years of Lead (Italian: Anni di piombo), characterized by widespread social conflicts and terrorism acts carried out by extra-parliamentary movements.
[6] On 8 June 1992, after the killing on 23 May of judge Giovanni Falcone by the Corleonesi clan of the Sicilian Mafia in the Capaci bombing, the regime was modified (confirmed in Law no.
[4] After Mafia boss Salvatore Riina was captured in January 1993, numerous terror attacks were ordered as warning to its members to not turn state's witness, but also in response for the overruling of 41-bis system.
[7] Over the years, the 41-bis system has gradually been relaxed, in response to domestic court decisions or the European Committee for the Prevention of Torture (CPT) recommendations to ensure appropriate contacts and activities for prisoners subject to that regime.
When first implemented, section 41-bis also empowered the Minister of Justice to censor all of a prisoner’s correspondence, including that with lawyers and organs of the European Convention on Human Rights (ECHR).
[10] In June 2002, some 300 Mafia prisoners declared a hunger strike, calling for an end to the isolation conditions and objecting to parliament's Antimafia Commission proposal to extend the measure.
[19][20][21] Attacks on diplomatic offices in Argentina, Bolivia, Germany, Greece, Portugal, Spain, and Switzerland were made as solidarity actions, and in response the Foreign Minister Antonio Tajani said security was being heightened at all missions.