CEDH · PRESS;HEARINGS;ENG — 13 mars 2002

.s800EAC49 { font-size:12pt } .s5FFF0A77 { margin-top:0pt; margin-bottom:0pt; font-size:1pt } .sBB9EE52A { font-family:Arial } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .s29100277 { font-family:Arial; font-weight:bold } .sA1D3DA2E { margin-top:0pt; margin-bottom:0pt; text-align:justify } .s94935B0F { width:389.85pt; display:inline-block } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .sD35C6159 { width:1.54pt; display:inline-block } .sCB27B9E { width:16.66pt; display:inline-block } .sC5412BEF { width:51.05pt; display:inline-block } .sA36B60A1 { font-family:Arial; font-style:italic }   EUROPEAN COURT OF HUMAN RIGHTS     132   13.3.2002   Press release issued by the Registrar   HEARING IN THE CASE OF MASTROMATTEO v. ITALY   Wednesday 13 March 2002 at 9 a.m.   The applicant   Raffaele Mastromatteo, who is now retired, is an Italian national. He was born in 1933 and lives in Cinisello Balsamo (in the province of Milan).   Summary of the facts   On 8 November 1989 the applicant’s son was murdered by three criminals who were making their getaway after robbing a bank. It was subsequently proved that the three individuals had been serving sentences for criminal convictions for repeated offences ranging from aiding and abetting armed robbery to aiding and abetting murder. At the material time two of them were on prison leave, including the murderer of the applicant’s son; the third was subject to more flexible prison conditions allowing him to spend part of the day outside the prison. The judges responsible for the execution of their sentences had granted the prisoners leave on the ground that, according to the prison authorities’ reports on their conduct in prison, they were not a danger to society. Moreover, it appears that the judges responsible for the execution of their sentences had not used their power to request supplementary information from the police in order to assess whether the prisoners had maintained links with criminal organisations operating outside the prison – information which could, if the need be, have justified refusing to grant them prison leave. Lastly, although prison leave had been granted subject to supervisory measures, the police do not seem to have exercised any supervision of the individuals in question. After the events, the three criminals were sentenced to lengthy prison sentences.   Complaint   The applicant alleges that the decisions of the judges responsible for the execution of sentences to grant his son’s murderers prison leave resulted in his son’s death. He complains that he has received no compensation from the State. He relies on Article 2 (right to life) of the European Convention on Human Rights.   Procedure   The application was lodged with the European Commission of Human Rights on 11   December 1996. On 1 November 1998 it was transmitted to the European Court of Human Rights. The Court (Second Section) declared it admissible on 14 September 2002. On 22   November 2000 the Chamber decided unanimously to relinquish jurisdiction in favour of the Grand Chamber.     Composition of the Court   The case will be heard by the Grand Chamber composed as follows:   Luzius Wildhaber (Swiss), President , Christos Rozakis (Greek), Jean-Paul Costa (French), Georg Ress (German), Nicolas Bratza (British), Benedetto Conforti (Italian), Gaukur Jörundsson (Icelandic), Giovanni Bonello (Maltese), Viera Strážnická (Slovakian), Corneliu Bîrsan (Romanian), Marc Fischbach (Luxemburger), Volodymyr Butkevych (Ukrainian), Boštjan Zupančič (Slovenian), Margarita Tsatsa-Nikolovska (FYROMacedonia), András Baka (Hungarian), Egils Levits (Latvian), Stanislav Pavlovschi (Moldovan), judges, Matti Pellonpää (Finnish), Antonella Mularoni (San Marinese), substitute judges , and also Paul Mahoney , Registrar .   Representatives of the parties   Government:   Vitaliano Esposito , co-Agent , Francesco Crisafulli , Deputy co-Agent ; Applicant: Bruno Nascimbene , Marina Silvia Mori , Counsel .     ***   After the hearing the Court will begin its deliberations, which are held in private. Judgment will be delivered at a later date.   Registry of the European Court of Human Rights F – 67075 Strasbourg Cedex Contacts:   Roderick Liddell (telephone: (0)3 88 41 24 92)   Emma Hellyer (telephone: (0)3 90 21 42 15) Fax: (0)3 88 41 27 91   The European Court of Human Rights was set up in Strasbourg in 1959 to deal with alleged violations of the 1950 European Convention on Human Rights. On 1 November 1998 a full-time Court was established, replacing the original two-tier system of a part-time Commission and Court.