CEDH · CASELAW;COMMUNICATEDCASES;ENG — 17 septembre 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 7 October 2024   FIRST SECTION Application no. 5053/24 Rosalia FEDERICO and Mario RADDI against Italy lodged on 6 February 2024 communicated on 17 September 2024 SUBJECT MATTER OF the CASE The application concerns the alleged lack of medical care provided in prison to the applicants’ son, A.R. A.R., who suffered from drug addiction, anxiety, and depression, was arrested on 28 April 2019. During his imprisonment, he experienced a significant weight loss, which became apparent as from July/August   2019, but which did not lead to him being diagnosed or given any particular treatment. On 10 December 2019, following several episodes of loss of consciousness, he was taken to the hospital but refused to be hospitalised against the doctor’ s advice. On 13 December 2019, he was urgently hospitalised and the following day he went into a coma. On 30   December 2019, he died in hospital from a septic shock. On 7 January 2020, the National Guarantor of the rights of people detained or deprived of their liberty ( Garante nazionale dei detenuti e delle persone private della liberta personale ) lodged a criminal complaint, asking for an investigation into the circumstances of A.R.’ s death. The public prosecutor appointed three different medical experts in order to clarify both the cause of death and the appropriateness of the medical care received in prison. While the first expert’ s report excluded any responsibility of the prison authorities and health professionals, the second and the third reports concluded that A.R.’ s weight loss had played a causal role in his death and that there had been undue delays in the establishment of a diagnosis and in the provision of medical treatment regarding his weight loss. At the same time, both reports attributed relevance to A.R.’ s refusal to be hospitalised on 10 December 2019, which could probably have prevented his death. Based on the latter considerations, the public prosecutor asked for the discontinuance of the proceedings, which the applicants objected to under Article 410 of the Code of Criminal Procedure. On 9 October 2023, the preliminary investigation judge ordered the discontinuation of the proceedings. The applicants complain, under Article 2 (substantive limb) and Article   3 of the Convention, that their son did not receive adequate medical care while in prison, which contributed to his death. QUESTIONS TO THE PARTIES 1.     Did the respondent State comply with its obligation to protect the applicants’ son’ s right to life under Article 2 of the Convention? In particular, was his health and physical well-being duly protected during his imprisonment, by providing him with prompt and adequate medical care, in particular with regard to his significant weight loss (see Centre for Legal Resources on behalf of Valentin Câmpeanu v. Romania [GC], no.   47848/08, §§ 130-31, ECHR 2014, and Karpylenko v. Ukrain e, no.   15509/12, §   81, 11   February 2016)?   2.     Has there been a breach of the applicants’ son’ s rights under Article   3 of the Convention? In particular, did he receive adequate medical treatment while in prison (see Rooman v. Belgium [GC], no. 18052/11, §§   141-48, 31   January 2019; Blokhin v. Russia [GC], no. 47152/06, §§   136-37, 23   March 2016; and Amirov v. Russia , no. 51857/13, §   93, 27   November   2014)?