CEDH · PRESS;HEARINGS;ENG — 29 septembre 1999

.s800EAC49 { font-size:12pt } .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 } .sBB9EE52A { font-family:Arial } .s23A41E03 { width:36pt; display:inline-block } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .s7ED160F0 { text-decoration:none } .s33165EBA { font-family:Arial; font-size:8pt; vertical-align:super; color:#0069d6 } .sD35C6159 { width:1.54pt; display:inline-block } .s38DD6A04 { width:18.2pt; display:inline-block } .s2EB42ED2 { margin-top:0pt; margin-bottom:0pt; font-size:10pt } .sB4D5CB4E { width:4.94pt; display:inline-block } .s5E919E5E { width:41.05pt; display:inline-block } .s85226119 { margin-top:0pt; margin-bottom:0pt; text-align:justify; font-size:10pt } .sA36B60A1 { font-family:Arial; font-style:italic } .sF6A12959 { width:33%; height:1px; text-align:left } .s653E6C45 { font-family:Arial; font-size:6.67pt; vertical-align:super; color:#0069d6 } EUROPEAN COURT OF HUMAN RIGHTS     519   29.9.1999   Press release issued by the Registrar   HEARING IN THE CASE OF LABITA v. ITALY   Wednesday 29 September 1999, at 9 a.m.   The applicant     The case concerns an application (application no. 26772/95) brought by Benedetto Labita, an Italian national who was born in 1955 and lives at Alcamo (Italy).   Summary of the facts     Mr Labita was arrested on 21 April 1992 on suspicion of being a member of the Mafia, following uncorroborated allegations by a former Mafiosi who had decided to cooperate with the authorities. The applicant was held in detention pending trial for approximately two years and seven months, in Pianosa Prison in particular, where he alleges that he was subjected to ill-treatment; such treatment was, he says, systematically inflicted on prisoners. That allegation was supported in a report by a judge. A criminal investigation was opened but subsequently abandoned as it was impossible to identify those responsible for the ill-treatment. The applicant was subjected to a special regime entailing censorship of his entire correspondence. He was later acquitted, the verdict being delivered late in the evening of 12 November 1994. However, he was not released until the following morning owing to the absence of the relevant prison official. Following his acquittal, preventive measures were imposed on him (curfew from 8 p.m. to 6 a.m., weekly reporting to the police and loss of voting rights).   Complaints     The applicant complains of: inhuman and degrading treatment suffered while in detention contrary to Article 3 of the European Convention on Human Rights; the length and lawfulness of his detention (Article 5 §§ 1 and 3); censorship of his private correspondence and correspondence with his lawyer (Articles 8 and 6 § 3); and, preventive measures that were imposed on him after his acquittal (Article 2 of Protocol No. 4 and Article 3 of Protocol No. 1).   Procedure     The application was lodged with the European Commission of Human Rights on 10   April 1994. Having declared the application admissible, the Commission adopted a report on 29 October 1998 in which it expressed the opinion that there had been a violation of Articles   3, 8, 5 §§ 3 and 1 of the Convention (unanimously); that there had been a violation of Article 2 to Protocol No. 4 to the Convention (by 21 votes to 7) and that there had been a violation of Article 3 to Protocol No. 1 to the Convention (by 23 votes to 5). It referred the case to the Court on 6 March 1999. The Italian Government also brought the case before the Court on 31 March 1999. Composition of the Court     Under the transitional provisions of Protocol No. 11 to the Convention, the case was transmitted to the Grand Chamber of the European Court of Human Rights on 1 November 1998, the date on which the Protocol entered into force. It will be heard by the Grand Chamber composed as follows:   Luzius Wildhaber (Swiss), President , Elisabeth Palm (Swedish), Antonio Pastor Ridruejo (Spanish), Luigi Ferrari Bravo [1] (Italian), Giovanni Bonello (Maltese), Jerzy Makarczyk (Polish), Pranas Kūris (Lithuanian), Jean-Paul Costa (French), Françoise Tulkens (Belgian), Viera Strážnická (Slovakian), Marc Fischbach (Luxemburger), Volodymyr Butkevych (Ukrainian), Josep Casadevall (Andorran), Hanne Sophie Greve (Norwegian), András Baka (Hungarian), Rait Maruste (Estonian), Snejana Botoucharova (Bulgarian), Judges , Boštjan Zupančič (Slovenian), Margarita Tsatsa-Nikolovska (FYROMacedonia), Substitute Judges ,   and also Paul Mahoney , Deputy Registrar .   Representatives of the parties   Government:   Vitaliano Esposito , Agent ; Applicant:   Vito di Graziano , Counsel .     Mr Labita will also attend the hearing.     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) or   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 1959 in Strasbourg 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. [1] Elected as the judge in respect of San Marino.