CEDH · CASELAW;COMMUNICATEDCASES;ENG — 28 mai 2024

.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 } .sA36B60A1 { font-family:Arial; font-style:italic } Published on 17 June 2024   FIRST SECTION Application no. 36261/23 E.C. against Italy lodged on 22 September 2023 communicated on 28 May 2024 SUBJECT MATTER OF THE CASE The application concerns the detention of the applicant, suffering from a psychiatric disorder, in the Mammagialla prison in Viterbo (from 10   March 2023 to 15 April 2023) and subsequently in the Belcolle hospital in the protected medicine ward – infectious diseases section (from 15   April 2023 to 26 September 2023), notwithstanding a domestic court’s decision ordering his provisional placement in a specialised structure (Residence for Execution of Security Measures – “REMS”). The applicant complains, under Articles 3 and 5 §§ 1 and 5, as well as Articles   6 and 13 of the Convention, of the conditions of his detention which were inadequate for his mental health in the absence of specific treatment, both in prison and in the Belcolle hospital, the unlawfulness of his prolonged detention, the absence of compensation for his allegedly unlawful detention, the non-enforcement of the domestic court’s decision ordering his placement in a specialised structure and the absence of domestic remedies. QUESTIONS TO THE PARTIES 1.     Has there been a breach of the applicant’s rights under Article 3 of the Convention (see Sy v. Italy , no. 11791/20, §§ 76-89, 24 January 2022)? In particular: (a)     In the light of the applicant’s psychiatric disorder and of the decision issued by the Viterbo investigating judge on 15 April 2023 ordering his placement in a REMS, was the detention in prison from 10 March 2023 to 15   April 2023 and subsequently in the Belcolle hospital in the protected medicine ward – infectious diseases section until 26   September   2023, compatible with the applicant’s state of health? Could the hospital be considered as an acceptable temporary accommodation in the absence of a place in a REMS?   (b)     Did the applicant receive adequate medical treatment during these two periods (see Rooman v. Belgium [GC], no. 18052/11, §§   146-47, 31   January 2019, and Strazimiri v. Albania , no. 34602/16, §§   103-12, 21   January 2020)?   2.     Has there been a breach of the applicant’s rights under Article   5 §   1 of the Convention? In particular, was the applicant’s continued detention “in accordance with a procedure prescribed by law” within the meaning of Article   5 §   1 of the Convention (see Sy , cited above, §§   133-36)?   3.     Has there been a breach of Article 6 § 1 of the Convention as regards the implementation of the decision issued by the Viterbo investigating judge on 15   April 2023 (see Sy , cited above, §   153)?   4.     Did the applicant have an effective and enforceable right to compensation for his allegedly unlawful detention, as required by Article   5 §   5 of the Convention (see Sy , cited above, §§   141-48)?   5.     Did the applicant have an effective domestic remedy to complain of the alleged violation of Article 3 of the Convention, as required by Article   13 of the Convention?   The Government are invited to submit information concerning the applicant’s conditions of detention and on the treatment he received in the Belcolle hospital in the protected medicine ward - infectious diseases section.