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European Observer on fundamental right's respect

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Case Law 25522/2003 (24/01/2008)

Type: Judgment

Authority: European Authorities: European Court of human rights

Date: 01/24/2008

Subject: The applicant, Giovanni di Giacomo, is an Italian national who was born in 1954. He is currently imprisoned in Palmi (Italy), where he is serving a life sentence for manslaughter, attempted manslaughter, aiding and abetting a mafia-type organisation and several other offences related to drug trafficking. Relying on Article 8 (right to respect for private and family life) and Article 13 (right to an effective remedy), taken together with Article 8, the applicant complained that his correspondence was monitored by the prison authorities. The Court considered that the monitoring of the applicant’s correspondence had not been “in accordance with the law” within the meaning of Article 8 and concluded unanimously that there had been a violation of this Article. It also concluded unanimously that there had been a violation of Article 13 taken together with Article 8.

Parties: Di Giacomo c/ Italia

Classification: Freedoms - Art. 7 Privacy - Communications - Justice - Art. 47 Justice: remedy