Avv. Fabrizio Valerio Bonanni Saraceno
VERSOilFUTURO (IUS)
July 2025
This article examines the recent decision of the Tribunale di Sorveglianza di Roma (Rome Surveillance Court), Judgment No. 25578/2025, concerning the penitentiary administration’s failure to provide vital antiviral treatment to an inmate suffering from chronic HCV-related hepatitis. The ruling underscores the constitutional and international obligation of the State to actively ensure the right to health for detainees and highlights the implications of omissive conduct under both civil and human rights law.
I. Introduction
The right to health for incarcerated individuals is a cornerstone of both constitutional guarantees and supranational obligations. The Rome Surveillance Court’s ruling addresses the failure to administer a prescribed treatment for hepatitis C, raising concerns about systemic deficiencies and the potential legal liabilities of penitentiary authorities.
II. Factual Background
The claimant, detained in a Roman correctional facility, suffered from HCV-related chronic hepatitis and other hepatic conditions. Despite specialist prescriptions recommending the administration of Epclusa (sofosbuvir/velpatasvir), the penitentiary administration failed to provide the drug for over a year, leading to a worsening of the detainee’s condition. The court, upon review, found a violation of the detainee’s right to health and ordered immediate administration of the drug.
III. Constitutional and International Framework
The Italian Constitutional Court has firmly held that detention does not entail the forfeiture of fundamental rights, particularly the right to health.¹
This principle aligns with the case law of the European Court of Human Rights, which has repeatedly condemned inadequate medical care in detention as a violation of Article 3 of the European Convention on Human Rights.² In Cirillo v. Italy, the Court found a breach of Article 3 due to the Italian authorities’ failure to provide adequate care.³
IV. Positive Obligations of the State
The ruling reiterates the doctrine that States must not only refrain from harming detainees but must actively ensure access to appropriate treatment. The notion of “equivalence of care” requires that prisoners receive the same medical standards as free individuals.⁴ Budgetary or bureaucratic limitations cannot justify treatment delays that endanger life or dignity.
V. Civil and Criminal Liability for Omissions
Though the judgment was rendered in a surveillance proceeding (not a civil damages action), it opens the door to civil liability claims under Article 2043 of the Italian Civil Code. In more severe cases, omissions in the provision of medical care may even amount to criminal liability under Articles 40(2) and 582 of the Italian Penal Code, read in conjunction with Article 185.⁵
VI. Conclusion
The Rome Surveillance Court’s decision affirms the principle that incarceration cannot negate the constitutional and human rights of the individual. It sends a strong message to penitentiary administrations that systemic medical negligence is not only unlawful but legally actionable. It also reflects broader European jurisprudence holding States accountable for treatment failures in custodial settings.
Footnotes
Corte cost., 9 Nov. 1993, n. 349, Foro it. I, 1993, 2753 (It.) (“La condizione detentiva non comporta la perdita dei diritti fondamentali, tra cui la salute.”). Mouisel v. France, App. No. 67263/01, Eur. Ct. H.R. (2002); Khudobin v. Russia, App. No. 59696/00, Eur. Ct. H.R. (2006). Cirillo v. Italy, App. No. 45188/15, Eur. Ct. H.R. (2019). European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), Standards, CPT/Inf/E (2002) 1 – Rev. 2010, § 31. Codice penale [C.p.] [Criminal Code] arts. 40(2), 582, 185 (It.); Codice civile [C.c.] [Civil Code] art. 2043 (It.).
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For further information on this topic or its practical implications, please contact:
LAW FIRM BONANNI SARACENO
Attorney Fabrizio Valerio Bonanni Saraceno
Piazza Giuseppe Mazzini, 27 – 00195 – Rome, Italy
Tel. +39 0673000227
Mobile +39 3469637341
@: avv.bonanni.saraceno@gmail.com
