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European Observer on fundamental right's respect

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Case Law 60395/2000 (04/12/2007)

Type: Judgment

Authority: European Authorities: European Court of human rights

Date: 12/04/2007

Subject: The applicant, Domenico Papalia, is an Italian national who was born in 1945 and is at present imprisoned in Carinola (Italy). He was sentenced to life imprisonment for kidnapping with a view to extortion and for aggravated murder. The applicant complained of an infringement of his right of access to a court, his right to respect for his correspondence and his right to an effective remedy before a national authority. The Court held unanimously that there had been violations of Articles 6 ยง 1 (right to a fair trial), 8 (right to respect for private and family life) and 13 (right to an effective remedy). It further held that those findings constituted in themselves sufficient just satisfaction for the non-pecuniary damage sustained by the applicant.

Parties: Papalia c/ Italia

Classification: Freedoms - Art. 6 Personal liberty - Justice - Art. 47 Right to an effective remedy before a tribunal