CEDH · CASELAW;COMMUNICATEDCASES;ENG — 9 mai 2022

.s800EAC49 { font-size:12pt } .s379BC09C { margin-top:36pt; margin-bottom:0pt; text-align:right } .sBB9EE52A { font-family:Arial } .s10950C61 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s339D85E6 { margin-top:0pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s665E407E { margin-top:66pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s29100277 { font-family:Arial; font-weight:bold } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s76CF415B { page-break-before:always; clear:both } .sE208486F { font-family:Arial; color:#ff0000 } .sA36B60A1 { font-family:Arial; font-style:italic } Published on 14 April 2023     FIRST SECTION Application no. 16310/20 S.M. against Italy lodged on 1 April 2020 communicated on 9 May 2022   SUBJECT MATTER OF THE CASE The application concerns the alleged incompatibility of the applicant’s state of health with his continued detention in San Vittore prison (Milan) until 29 July 2020. In particular the applicant, who suffers from HIV, cognitive deterioration and a mobility impairment, complains that the Italian authorities did not release him on health grounds, in light of his state of health and of the risk of contracting Covid-19. He further alleges that exposure to Covid-19 in an overcrowded environment endangered his life. He invokes Articles 2 and 3 of the Convention.   QUESTIONS TO THE PARTIES 1.     Having regard to the applicant’s state of health and the Covid-19 pandemic, did the authorities take all necessary measures to protect the applicant’s right to life under Article 2 of the Convention?   2.     Has there been a breach of the applicant’s rights under Article 3 of the Convention? In particular, in light of the applicant’s diseases and of the risks posed by Covid-19, and taking into account the decisions issued by the Milan Supervisory Court on 16 March 2016, 8 March 2018, 15 October 2019 and 17 December 2019, was his detention compatible with his state of health ( Epure v. Romania , no. 73731/17, § 74, 11 May 2021, and Bamouhammad v.   Belgium , no. 47687/13, §§ 120-123, 17 November 2015)?