Published on 13 April 2026
FIRST SECTION
Application no. 25290/25
Marcello GIACOBBE
against Italy
lodged on 5 August 2025
communicated on 25 March 2026
SUBJECT MATTER OF THE CASE
The application concerns the alleged lack of adequate medical treatment in prison.
The applicant is imprisoned since 12 October 2022 in the Carinola Prison and is affected by left-sided hemiparesis. During his detention, he has repeatedly been prescribed physiotherapy. On 15 May 2023 and on 7 April 2025 the Santa Maria Capua Vetere Supervisory Judge ordered the prison medical service to ensure that the applicant be provided with such medical treatment. At an unspecified date, the applicant filed a request for postponement of the execution of his sentence or replacement with house arrest, claiming that he was not receiving the necessary medical care. His request was rejected by the Santa Maria Capua Vetere Supervisory Judge on 15 May 2023 and that decision was confirmed by the Naples Supervisory Tribunal on 4 November 2024 and by the Court of Cassation on 11 April 2025.
The applicant, relying on Article 3 of the Convention, complains of insufficient access to adequate medical treatment (specifically, physiotherapy).
QUESTION TO THE PARTIES
Has there been a breach of the applicant’s rights under Article 3 of the Convention? In particular, did the applicant receive adequate medical treatment during his imprisonment, specifically with regard to physiotherapy (see the principles set out by the Court in Blokhin v. Russia [GC], no. 47152/06, §§ 136-37, 23 March 2016; Rooman v. Belgium [GC], no. 18052/11, §§ 145-48, 31 January 2019; and mutatis mutandis, Helhal v. France, no. 10401/12, § 57, 19 February 2015)?