Judgment of the European Court of Human Rights, Grand Chamber, 23 February 2017, de Tommaso v. Italy (Application No. 43395/09)

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.