I correctly predicted that there was a violation of human rights in SY v. ITALY.
Information
- Judgment date: 2022-01-24
- Communication date: 2020-06-24
- Application number(s): 11791/20
- Country: ITA
- Relevant ECHR article(s): 3
- Conclusion:
Remainder inadmissible (Art. 35) Admissibility criteria
(Art. 35-1) Six-month period
Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment
Inhuman treatment) (Substantive aspect)
No violation of Article 5 - Right to liberty and security (Article 5-1 - Lawful arrest or detention
Procedure prescribed by law
Article 5-1-a - Conviction)
Violation of Article 5 - Right to liberty and security (Article 5-1 - Lawful arrest or detention
Article 5-1-e - Persons of unsound mind)
Violation of Article 5 - Right to liberty and security (Article 5-5 - Compensation)
Violation of Article 6 - Right to a fair trial (Article 6 - Enforcement proceedings
Article 6-1 - Access to court)
Violation of Article 34 - Individual applications (Article 34 - Hinder the exercise of the right of application)
Non-pecuniary damage - award (Article 41 - Non-pecuniary damage
Just satisfaction) - Result: Violation SEE FINAL JUDGMENT
JURI Prediction
- Probability: 0.60567
- Prediction: Violation
Consistent
Legend
Communication text used for prediction
The application concerns the continued detention on remand in a common ward of Rebibbia prison (Rome) of a drug addict suffering from a severe psychiatric disorder, notwithstanding domestic courts’ decisions revoking his detention on remand and imposing his placement in a specialized structure, and expert reports underlying the incompatibility of detention with his state of mental health.
The applicant complains of the unlawfulness of his prolonged detention; of the conditions of his detention, inadequate for his mental health in the absence of specific treatment for his psychiatric issues; of the absence of domestic remedies and of non-enforcement of domestic courts’ decisions ordering his placement outside prison.