Decision of the Court of Cassation, I Criminal Section, No. 35840 of 14 May 2015

In:

Marina Castellaneta. Notizie e commenti sul diritto internazionale e dell’Unione europea

Abstract

The case concerned an application for compensation of damages suffered by a detained who claimed to be victim of a violation of Article 3 of the ECHR in consequence of prison overcrowding. Such remedies were introduced in Italian legislation with law decree No. 92/2014, then converted into law No. 117/2014, in application of the pilot judgment of the European Court of Human Rights in the case Torreggiani and others v. Italy (2013). Through this decision, the Court of Cassation has established the principle that an application under law No. 92/2014 may not be declared inadmissible only because the applicant has omitted to specify in which date he, or she has submitted a recourse to the European Court; and this especially when, despite this omission, the information provided in the application allows to individuate the recourse.

Other Info

  • See also:

    Judgment of the European Court of Human Rights of 8 January 2013, Second Section, Torreggiani and others v. Italy.

    Law No 117 of 11 August 2014, Conversion into law, with modifications, of law decree No. 92 of 26 June 2014 containing urgent provisions on remedies for compensation to the benefit of detainees and other persons deprived of their freedom who were subjected to treatments in violation of Article 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms; modifications to the code of criminal procedure with implementing provisions, and regulation on Penitentiary Police Forces and penitentiary order, including for juvenile justice.

  • Original language: Italiano