ABSTRACT
Mr Benedetto Labita, the applicant, was arrested on 21 April 1992 on suspicion of being a member of a mafia-type organisation on the basis of statements made by a pentito (a former mafioso who has decided to co-operate with the authorities). The applicant was initially detained at Palermo Prison and then transferred to the prison on the island of Pianosa. His applications for bail were refused. In November 1994, the applicant was acquitted and his release was ordered. An appeal by the prosecutor was dismissed in December 1995. The applicant complained that whilst detained in Pianosa Prison he was subject to ill-treatment by warders which included slapping, squeezing of testicles, beatings, body searches when showering, handcuffing during medical examinations, intimidation. He complained about the ill-treatment, but criminal proceedings were discontinued, as the perpetrators could not be identified. The applicant had been detained under a special security regime and his correspondence was censored. After his acquittal, preventive measures were applied (including curfew, reporting weekly to the police, prohibition on going to public meetings or associating with persons with a criminal record, prohibited from travelling abroad). The measures had the effect of depriving him of his voting rights. His attempts to have the measures lifted were rejected. In January 1998, he was awarded ITL 64 million compensation for his ‘unjust’ detention. He complained of his detention and treatment. Comm found unanimously V 3, V 5(3), 5(1), V 8, no separate issue under 6(3), by majority (21-7) V P4A2, (23-5) V P1A3.
