Published on 15 April 2024
FIRST SECTION
Application no. 50597/20
Lucia UVA and Others
against Italy
lodged on 13 November 2020
communicated on 26 March 2024
SUBJECT MATTER OF THE CASE
The application concerns the alleged ill-treatment of the applicants’ family member, G.U., by the police and the effectiveness of the investigation which ensued. The applicants rely on Article 3 in its substantive and procedural aspects.
QUESTIONS TO THE PARTIES
1. Was G.U. subjected to inhuman or degrading treatment by the police, in breach of Article 3 of the Convention?
In their replies the parties are invited to address both the circumstances in which G.U. was confronted with the law-enforcement officers in the street and was taken to the police station, as well as the events that occurred when he was held at the police station. The parties are also invited to specify on what grounds G.U. was apprehended by the police and taken into custody.
2. Having regard to the procedural protection from inhuman or degrading treatment, was the investigation into the alleged ill‑treatment of G.U. in breach of Article 3 of the Convention (see Salman v. Turkey [GC], no. 21986/93, §§ 104-05, ECHR 2000-VII, and Labita v. Italy [GC], no. 26772/95, § 131, ECHR 2000‑IV)? In particular:
(i) Did the domestic authorities make a serious attempt to establish the circumstances surrounding the impugned events?
(ii) Has the requirement of promptness and reasonable expedition been met in the circumstances of the present case (see Bouyid v. Belgium [GC], no. 23380/09, § 121, ECHR 2015)?
The Government are further invited to submit copies of the following documents:
- all forensic medical documentation (documentazione medico legale), including the autopsy report and forensic expert reports (by court-appointed experts and ex parte experts) submitted in the course of the criminal investigation and in all sets of criminal proceedings;
- all reports (relazioni di servizio, verbali, annotazioni della P.G.) issued by law enforcement officers concerning the impugned events;
- all witness statements (verbali di sommarie informazioni) issued during the course of the criminal investigation;
- hearing records concerning the examination of the following witnesses in the context of the criminal proceedings against the law enforcement officers: (a) the doctor called to intervene at the police station in the night of 14 June 2008; and (b) all law enforcement officers with whom G.U. was confronted at the time of the impugned events.
APPENDIX
List of applicants
No.
Applicant’s Name
Year of birth
Place of residence
1.
Lucia UVA
1960
Caravate
2.
Angela DE MILATO
1980
Caravate
3.
Michelina RIZZITIELLO
1938
Trinitapoli
4.
Maria Altomare UVA
1967
Laveno Mombello
5.
Nicola UVA
1959
Varese