The Surveillance Judge of Alessandria declared inadmissible a claim brought against the public administration by a detainee in order to obtain compensation for the damages suffered in consequence of prison overcrowding. After the pilot judgment of the European Court of Human Rights on the Torreggiani case (2013), Article 35 ter of law No. 354/1975 on the penitential order has been modified by Article 1 of law decree No. 92/2014 (then converted into law No. 117/2014). Based on these provisions, those persons who were, or are detained in prison and who suffered damages in consequence of a treatment contrary to Article 3 of the ECHR as interpreted by the European Court of Human Rights are entitled to reduced sentence, or monetary compensation. However, this particular case was inadmissible because the claimant had been moved to another prison, where he was no longer in a situation contrary to Article 3 of the ECHR. For this reason, the compensation claim should have been brought to an ordinary court, and not to the Surveillance Judge.
Judgment of the European Court of Human Rights, II Section, 8 January 2013, Torreggiani and others v. Italy; Law No 117 of 11 August 2014, Conversion into law, with modifications, of law decree No. 92 of 26 June 2014 containing urgent provisions on remedies for compensation to the benefit of detainees and other persons deprived of their freedom who were subjected to treatments in violation of Article 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms; modifications to the code of criminal procedure with implementing provisions, and regulation on Penitentiary Police Forces and penitentiary order, including for juvenile justice