CEDH · PRESS;HEARINGS;ENG — 5 novembre 2008

.s800EAC49 { font-size:12pt } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .s29100277 { font-family:Arial; font-weight:bold } .s40F41F73 { margin-top:0pt; margin-bottom:0pt; text-align:right } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .sBB9EE52A { font-family:Arial } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .s7ED160F0 { text-decoration:none } .s3DC36BA9 { font-family:Arial; text-decoration:underline; color:#0069d6 } .sA36B60A1 { font-family:Arial; font-style:italic } .s653E6C45 { font-family:Arial; font-size:6.67pt; vertical-align:super; color:#0069d6 } .sCB9E0544 { margin-top:0pt; margin-bottom:0pt; text-align:left } .s69BE285C { margin-top:0pt; margin-left:85.05pt; margin-bottom:0pt; text-indent:-85.05pt } .s9A223E1B { width:11.03pt; text-indent:0pt; display:inline-block } .s595A57E4 { width:85.05pt; text-indent:0pt; display:inline-block } .s3CED24E9 { width:27.05pt; text-indent:0pt; display:inline-block } .sC7EAD8B { font-family:Arial; font-weight:bold; text-decoration:underline } .sF6A12959 { width:33%; height:1px; text-align:left } .s2EB42ED2 { margin-top:0pt; margin-bottom:0pt; font-size:10pt } EUROPEAN COURT OF HUMAN RIGHTS   780 5.11.2008   Press release issued by the Registrar   GRAND CHAMBER HEARING ENEA v. ITALY   The European Court of Human Rights is holding a Grand Chamber hearing today Wednesday 5 November 2008 at 9.15 a.m. , in the case of Enea v. Italy (application no. 74912/01).   The hearing will be broadcast from 2.30 p.m. on the Court’s Internet site ( http://www.echr.coe.int ).     The applicant   The case concerns an application brought by an Italian national, Salvatore Enea who was born in 1938 and lives in Italy. He is detained in Secondigliano Prison (Naples).   Summary of the facts   The applicant has been in detention since 23 December 1993. Several sets of criminal proceedings were brought against him, as a result of which he was sentenced to terms of imprisonment. He is currently serving a 30-year prison sentence relating, in particular, to convictions for criminal association, drug trafficking and illegal possession of firearms.   Beginning in 1993, the applicant’s correspondence was monitored by the prison authorities. On 10 August 1994, in view of the danger posed by the applicant, the Minister of Justice issued a decree ordering that he be subject for one year to the special prison regime provided for by the second paragraph of section 41 bis of the Prison Administration Act. That provision allows application of the ordinary prison regime to be suspended wholly or in part for reasons of public order and security. In particular, the decree imposed restrictions on the number of family visits (one monthly hour-long visit) and on the number of parcels to be received and prohibited meetings with third parties, use of the telephone and organisation of and participation in certain types of activities. The applicant’s correspondence was also to be monitored. Application of the special regime was extended until the end of 2005 by means of 19 decrees, each covering a limited period.   The applicant lodged several appeals with the Naples court responsible for the execution of sentences. On three occasions the court relaxed some of the restrictions, in particular those relating to the applicant’s contacts with his family. The applicant did not lodge an appeal on points of law against the court’s decisions, arguing that the Court of Cassation would have dismissed any such appeal as devoid of purpose since the period of validity of the decrees concerned had expired. At the end of February 2005 the court allowed his appeal against decree no. 19 and ended application of the special regime.   On 1 March 2005 the prison authorities assigned the applicant to a high-supervision ( Elevato Indice di Vigilanza – E.I.V.) unit.   The applicant has a number of health problems which oblige him to use a wheelchair. Between June 2000 and February 2005 he served his sentence in the section of the medical wing of Naples Prison reserved for prisoners subject to the section 41 bis regime. He applied twice for a stay of execution of his sentence on health grounds, without success.   Complaints   The applicant complains under Article 3 (prohibition of inhuman and degrading treatment) of the European Convention on Human Rights of the imposition of the special prison regime over a long period and of his conditions of detention arising out of the E.I.V. regime. Relying on Article 8 of the Convention, he complains of an infringement of his right to respect for his family life and correspondence. He also complains of the time taken by the courts to examine his appeals against the decrees of the Minister of Justice. Referring in particular to Article 13 of the Convention, he complains that he had no effective remedy against the decisions extending application of the special prison regime, and of the absence of a remedy by which to complain of his assignment to the E.I.V. unit. The applicant further complains, under Article   8, that there was no legal basis for his assignment to that unit. In addition, under Article 9 (freedom of thought, conscience and religion), he complains that he was unable to manifest his religion.   Procedure   The application was lodged before the European Court of Human Rights on 31 August 2000 and declared partly admissible on 23 September 2004. On 1 July 2008 the Chamber to which the case had been allocated relinquished jurisdiction in favour of the Grand Chamber, under Article 30 [1] of the Convention.   Composition of the Court   The case will be heard by the Grand Chamber composed as follows:   Jean-Paul Costa (French), President , Christos Rozakis (Greek), Nicolas Bratza (British), Françoise Tulkens (Belgian), Josep Casadevall (Andorran), Nina Vajić (Croatian), Anatoly Kovler (Russian) Vladimiro Zagrebelsky (Italian), Alvina Gyulumyan (Armenian), Renate Jaeger (German), Sverre Erik Jebens (Norwegian), Danutė Jočienė (Lithuanian), Dragoljub Popović (Serbian), Giorgio Malinverni (Swiss), András Sajó (Hungarian), Ledi Bianku (Albanian), Işıl Karakaş (Turkish), judges , Ann Power (Irish), Ján Šikuta (Slovak), Nona Tsotsoria (Georgian), substitute judges , and also Vincent Berger , Jurisconsult .   Representatives of the parties   Government :   Francesco Crisafulli , Co-Agent ,   Nicola Lettieri , Deputy Co-Agent ;   Applicant :   Marco Esposito , Massimo Veltrano , Counsel ;   Fulvia Guardascione , Andrea Scardamaglia , Advisers .     ***   After the hearing the Court will begin its deliberations, which are held in private. A decision on admissibility, followed if appropriate by a judgment, will be delivered at a later date [2] .   Press contacts Adrien Raif-Meyer (telephone: 00 33 (0)3 88 41 33 37) Tracey Turner-Tretz (telephone: 00 33 (0)3 88 41 35 30) Sania Ivedi (telephone: 00 33 (0)3 90 21 59 45)   The European Court of Human Rights was set up in Strasbourg by the Council of Europe Member States in 1959 to deal with alleged violations of the 1950 European Convention on Human Rights. [1] Where a case pending before a Chamber raises a serious question affecting the interpretation of the Convention or the protocols thereto, or where the resolution of a question before the Chamber might have a result inconsistent with a judgment previously delivered by the Court, the Chamber may, at any time before it has rendered its judgment, relinquish jurisdiction in favour of the Grand Chamber, unless one of the parties to the case objects. [2] This summary by the Registry does not bind the Court.