I’ve already stated my position relating to an amnesty on this site.
Today I have restated my position in an interview with la Repubblica that I’m publishing below.

ADP: The Minister of Justice is dealing with the problem by taking hold of the tale rather than the head. The problem of the prisons is a serious one and cannot be resolved by going among the prisoners on a feast day and announcing an amnesty….

CF: Minister, why do you not agree with an act of clemency for the prisoners?
ADP: Because an Amnesty is not a solution to the problem, but an abdication of the State based on rights. It’s the rule of law giving way. It is giving in to a system of logic that Italia dei Valori has never shared. At the limit, a pardon would be better.

CF: Where is “the head” of the problem of the prisons where the Minister should start to deal with the overpopulation of the prisons?
ADP: To start with, it is a mistake to make announcements about something that the Government hasn’t discussed and about which Parliament has not been informed. You can have a proposal each day. Regarding an Amnesty there are already thirty draft laws that have been presented. Then however, those proposals need approval….

CF: So far it’s a question of method. How would you resolve the prison problem emergency with 62,000 prisoners packed into 209 institutions?
ADP: With an Amnesty you would have 20,000 poor people out on the streets and in a few months they would be back inside again. It’s a palliative cure not a solution. What’s needed instead is a plan that redefines the prison system, the requalification of those who are there and a rethink about the real function of prison that right now is merely for punishment and not about socialisation. Furthermore, what are needed are measures that apply punishment alternative to prison. I’m thinking for example of work that is socially useful that certain sections of the prison population could carry out.

CF: That’s a complex project. Some response is needed immediately.
ADP: However it’s necessary to start in an organic way in relation to the prison system. The Minister of Justice should first of all make the justice system work.

CF: The prisoners are another problem…
ADP: The excess numbers are also due to the fact that 40% of the prisoners are on remand and have not been convicted. Thus, the Minister of Justice must first ensure the efficient running of the tribunals and the prosecutor’s offices. He must supply the money needed for paper, transport and personnel. Then he must reform the civil and criminal trial so that trial times can be reduced. This will cut the risk of “prescription” {when the time limit for a particular offence runs out before the trial is concluded and so no penalty can be applied}

CF: The last amnesty-pardon package was in 1990 That’s 16 years ago…
ADP: Why did they say at that time? “Never again with these abnormal procedures!” And a two-thirds majority was introduced. I don’t see why we should repeat that now.

CF: Have you ever talked about an Amnesty in the government?
ADP: We have never talked about it. This is the position of Italia dei Valori. I think it is very clear. We say: “little prison because of few crimes”. It’s not useful to let people out of prison when society puts them in a position to offend again, without a home and without work.