Gabriele Della Morte

The Situation of the Prisons in Italy Represents a Structural Violation of Human Rights ("Torreggiani and others v. Italy", European Court of Human Rights, Judgment of 8 January 2013)

  • Abstract

Informations and abstract

Keywords: Human Rights; European Court of Human Rights; Torture; Detention; "Torreggiani" Judgment

On January 8, 2013 the European Court of Human Rights condemned Italy for the treatment of some prisoners ("Torreggiani" case). The legal arguments exploited in the sentence appear to be relevant for two principal reasons. The first one concerns the gravity of the violation: Italy has been condemned under article 3 of the European Convention on Human Rights, which prohibits torture, and inhuman or degrading treatment or punishment. The second is regarding the fact that the international judges have adopted a pilot-judgment procedure as a means of dealing with a large amount of similar cases that come from the same underlying problem. Both of these aspects are analysed in this article.

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