Published on 15 April 2024
FIRST SECTION
Application no. 59946/17
Franco TROVATO against Italy
and 3 other applications
(see list appended)
communicated on 26 March 2024
SUBJECT MATTER OF THE CASE
The applicants, whose details are summarised in the appended table, are detained under the special prison regime provided for in section 41 bis of the Prison Administration Act (Law no. 354 of 26 July 1975).
On various dates, the Minister of Justice extended application of the special prison regime with respect to the applicants by separate orders. Their appeals (reclami) against the extension orders were dismissed by the Rome court responsible for the execution of sentences and the Court of Cassation in separate sets of proceedings, as detailed in the appended table.
The applicants complain under Article 3 of the Convention that the prolonged application of the special prison regime amounts to inhuman and degrading treatment. In particular, they complain of the lack of adequate reasons justifying its continued imposition.
QUESTION TO THE PARTIES
Have the applicants been subjected to treatment prohibited by Article 3 of the Convention on account of the extended application of the restrictions under the 41 bis special prison regime? In particular, did the domestic authorities provide adequate reasons to justify the extension of the application of the special prison regime (compare, Enea v. Italy [GC], no. 74912/01, § 64, ECHR 2009; Piechowicz v. Poland, no. 20071/07, §§ 165 and 177, 17 April 2012; and Provenzano v. Italy, no. 55080/13, §§ 147 and 150-58, 25 October 2018)?
The parties are invited to specify whether or not the applicants have been continuously detained under the special prison regime provided by section 41 bis of the Prison Administration Act and submit all relevant supporting documents.
APPENDIX
List of cases:
No.
Application no.
Case name
Introduction date
Applicant’s name
Year of birth
Place of residence
Nationality
Representative’s name
Location
Order of the Minister of Justice extending special detention regime and request for review
First instance decision on the request for review
Appeal decision on the request for review
1.
59946/17
Trovato v. Italy
11/08/2017
Franco TROVATO
1947
Rome
Italian
Marcello PERILLO
Lecco
Ministerial order: 22/11/2015
Request for review: 10/12/2015
Rome Court responsible for the execution of sentences
SIUS no. 8947/2015
Order no. 2099/2016
13/04/2016
Court of Cassation
R.G. no. 21041/2016
Judgment no. 15780/2017
29/03/2017
2.
49547/19
Aglieri v. Italy
12/09/2019
Pietro AGLIERI
1959
Rome
Italian
Maria BRUCALE
Rome
Ministerial order: 14/09/2017 and supplement of 03/11/2017
Request for review: 23/01/2018
Rome Court responsible for the execution of sentences
SIUS no. 6761/2017
Order no. 2040/2018
03/05/2018
Court of Cassation
R.G. no. 26702/2018
Judgment no. 11586/2019
15/03/2019
3.
37497/21
Lamanna v. Italy
19/07/2021
Francesco LAMANNA
1961
Spoleto
Italian
Luigi COLACINO
Cutro
Ministerial order: 13/02/2019
Request for review: 07/03/2019
Rome Court responsible for the execution of sentences
SIUS no. 2272/2019
Order no. 2970/2020
21/07/2020
Court of Cassation
R.G. 27456/2020
Order no. 36005/2021
04/10/2021
4.
28427/22
Giovanditto v. Italy
01/06/2022
Gennaro GIOVANDITTO
1974
Spoleto
Italian
Antonella MASCIA
Verona
Ministerial order: 08/04/2020
Request for review: 13/05/2020
Rome Court responsible for the execution of sentences
SIUS no. n/a
Order no. 3238/2021
10/05/2021
Court of Cassation
R.G. no. 21379/2021
Judgment no. 4059/2022
04/02/2022