Published on 18 October 2021
FIRST SECTION
Application no. 9379/20
Fabio CARDONI
against Italy
lodged on 8 February 2020
communicated on 29 September 2021
SUBJECT MATTER OF THE CASE
The application concerns the lack of a public hearing in the proceedings for compensation, before the Court of Appeal and the Court of Cassation, for “unjust” detention under Article 314 of the Code of Criminal Procedure detention.
The applicant relies on Article 6 § 1.
QUESTIONS TO THE PARTIES
1. In the course of the domestic proceedings in “camera” was the right to have a public hearing guaranteed by Article 6 § 1 of the Convention respected (Lorenzetti v. Italy, no. 32075/09, 10 April 2012)?
2. Did the applicant have an effective and accessible remedy, within the meaning of Article 35 § 1 of the Convention, to complain about the lack of a public hearing?
In particular, did the relevant judicial practice afford the applicant the possibility of requesting and obtaining a public hearing? If so, the Government are invited to provide a copy of the relevant domestic decisions.