Published on 28 July 2025
FIRST SECTION
Application no. 38743/23
Yassin DELLAOUI
against Italy
lodged on 20 October 2023
communicated on 7 July 2025
SUBJECT MATTER OF THE CASE
The application concerns the placement of the applicant, a Moroccan national born in 2007, in an adult prison pending the age-assessment procedure and his transfer to a juvenile detention facility.
The applicant complains that his detention in an adult prison, especially after his status as a minor had been acknowledged, breached his rights under Articles 3 and 8 of the Convention. In particular, he claims that he was unable to benefit from age-appropriate support and protection measures also having regard to his psychological condition.
The applicant further complains under Article 13 in conjunction with Articles 3 and 8 of the Convention of the lack of effective domestic remedies to raise his complaints.
QUESTIONS TO THE PARTIES
1. Has there been a violation of the applicant’s right to respect for his private life, within the meaning of Article 8 of the Convention, due to his continued detention in an adult prison, allegedly not equipped to provide the support appropriate for his age and psychological condition?
2. Has the applicant been subjected to inhuman or degrading treatment, in breach of Article 3 of the Convention, during his detention in an adult prison, considering in particular his age and personal condition (see I.E. v. the Republic of Moldova, no. 45422/13, §§ 43-46, 26 May 2020, and Zherdev v. Ukraine, no. 34015/07, § 92, 27 April 2017)?
3. Did the applicant have at his disposal an effective domestic remedy to raise before the Italian authorities his complaints under Articles 3 and 8 of the Convention, as required by Article 13 of the Convention?
The parties are invited to provide factual information concerning declarations made by the applicant prior to his detention and documents submitted to or produced by the public authorities with respect to his age over the years and the checks carried out by the authorities on this matter. The parties are requested to submit a copy of the relevant documents.