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Case Law 35795/2002 (27/11/2007)

Type: Judgment

Authority: European Authorities: European Court of human rights

Date: 11/27/2007

Subject: The applicant, Santo Asciutto, is an Italian national who was born in 1964. He is currently serving a life sentence in Terni ( Italy) for homicide and other offences connected to the activities of a Mafia-type criminal organisation. The case concerned, in particular, the applicant’s complaints about the special prison regime to which he is subject, entailing restrictions on outside contacts, such as the requirement to give evidence in court proceedings by video link. He also complained of delays in the examination of his appeals against ministerial decisions and an infringement of his right to respect for his correspondence. The Court held unanimously that there had been a violation of Article 6 § 1 (right to a fair hearing), on account of the delays complained of, and a violation of Article 8 (right to respect for private and family life), and declared the remainder of the application inadmissible. It held that the findings of a violation constituted in themselves just satisfaction for non-pecuniary damage, and awarded the applicant EUR 3,000 for costs and expenses

Parties: Asciutto c/ Italia

Classification: Freedoms - Art. 7 Privacy - Justice - Art. 47 Right to an effective remedy before a tribunal