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Italy’s Supreme Court Affirms Mafia Boss’s Right to Meet Partner Under Strict 41-bis Regime

The court rejected the Justice Ministry’s appeal to block the meeting, establishing that affectivity rights can prevail over security under 41-bis

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Overview

  • The Supreme Court overturned the Justice Ministry’s challenge of a January Surveillance Court ruling that granted a visual meeting for Davide Emanuello.
  • Judges applied a concrete balancing test between the inmate’s right to affectivity and public security and found no overriding risk.
  • Boss Davide Emanuello, detained under 41-bis since 1993, began a romantic relationship with 55-year-old Italo-British Clare Holme through letters from 2008 and held their first in-person meeting in May.
  • The ruling builds on a January 2025 Cassation precedent recognizing affectivity rights in high-security detention and underscores growing judicial support for personal bonds in rehabilitation.
  • Observers describe the decision as a significant evolution in 41-bis policy by extending visual visits to non-family partners.