The case concerned preventive measures imposed for a duration of two years on the applicant, who complained of a violation of Article 5 (right to liberty and security), Article 6.1 (right to a fair hearing) and Article 13 (right to an effective remedy) of the ECHR and Article 2 of Protocol No. 4 (freedom of movement). While the Court found that the obligations imposed on the applicant had not amounted to a deprivation of liberty, but merely to restrictions on his freedom of movement, the Court judged that Italian law No. 1423/1956 did not provide for adequate safeguards against the various possible abuses. According to the Court, the rules on personal preventive measures pursuant to law No. 1423/1956 entails interference by the public authorities in the individual juridical sphere without, however, clearly establishing the requirements for the application of such measures. As for the fairness of the proceedings, the Court held that the proceedings as a whole had been conducted in accordance with the requirements of the fair trial, but found a violation of Article 6.1, since the proceedings before both the Court on the merits and the Court of Appeal of Bari had not been carried out in the form of a public hearing, recalling that the Constitutional Court. On the appeal as a remedy the Court found that it it is an effective remedy in the meaning of the ECHR.
Decree of the Court of Milan, Autonomous Section on Preventive Measures, No. 13 of 7 March 2017; Order of the Court of Appeal of Naples, VIII Criminal Section, 15 March 201; Decree of the Court of Palermo, I Criminal Section – measures of prevention, 28 March 2017; Decree of the Court of Rome, Preventive Measures Section, No. 30 of 3 April 2017; Order of the Court of Udine, Criminal Section, 4 April 201; Decision of the Court of Cassation, United Criminal Sections, No. 40076 of 27 Avril 2017; Decree of the Court of Palermo, I Criminal Section – preventive measures, 16-29 May 2017; Decree of the Court of Palermo, I Section on Preventive Measures, No. 62 of 1 June 2017; Order of the Court of Cassation, II Criminal Section, No. 49194 of 25 October 2017