Published on 20 October 2025
FIRST SECTION
Application no. 67714/12
Gaetano GIANNONE and Maria NIGRO
against Italy
lodged on 15 October 2012
communicated on 2 October 2025
SUBJECT MATTER OF THE CASE
The application concerns the confiscation of the applicants’ assets as a preventive measure pursuant to Law no. 575 of 31 May 1965.
The first applicant (Mr Giannone) was convicted of participation in a mafia-type organisation and of other crimes.
In a separate set of proceedings for the application of preventive measures initiated in 2004, he was declared socially dangerous in accordance with Article 2 ter (3) of Law no. 575 of 1965 (pericolosità qualificata or “special dangerousness”). On these grounds, the domestic courts ordered his placement under special police supervision, the confiscation of his assets, as well as of assets formally belonging to his wife, the second applicant (Ms Nigro), which the courts considered to be at the first applicant’s disposal. At all stages of the domestic proceedings the applicants, unsuccessfully, requested that a public hearing take place. The confiscation became final by the Court of Cassation’s judgment no. 414 of 11 April 2012.
The applicants complain of a violation of Article 6 § 1 of the Convention on account of the lack of a public hearing before the District Court and the Court of Appeal in the proceedings relating to the preventive measures.
QUESTION TO THE PARTIES
Was the lack of a public hearing in the applicant’s case, in accordance with Article 4 of Law no. 1423/1956 and Article 2 ter of Law no. 575/1965, as applicable at the relevant time, compatible with Article 6 § 1 of the Convention (see Bocellari and Rizza v. Italy, no. 399/02, § 41, 13 November 2007; Perre and Others v. Italy, no. 1905/05, § 26, 8 July 2008; Bongiorno and Others v. Italy, no. 4514/07, §§ 27-30, 5 January 2010; Leone v. Italy, no. 30506/07, §§ 26-29, 2 February 2010; and Capitani and Campanella v. Italy, no. 24920/07, §§ 26-29, 17 May 2011; and Archinà and Commisso v. Italy (dec.), nos. 43413/11 and 64883/11, 19 June 2025)?