Italian courts widen compensation rights for prisoners and immigration detainees

Data from the Ministry of Justice show a sharp rise in compensation claims under article 35‑ter of the prison code. In 2023 there were 9,574 requests, rising to 11,440 in 2024 and 11,900 in 2025, with a corresponding increase in accepted claims. The statute provides a reduction of one day of sentence for each ten days of inhumane treatment, or a civil payment of €8 per day for those already serving their term.

In June 2026 the Court of Cassation ruled that a foreign national held in a Centre for Return (CPR) may seek damages for unlawful detention even without first challenging the detention order. The decision separates the remedial action that nullifies the measure from the independent right to compensation, reinforcing procedural guarantees under the European Convention on Human Rights and expanding state liability for breaches of personal liberty.