BARLETTA AND FARNETANO v. ITALY - 55431/09 (Judgment - Right to respect for private and family life : First Section Committee) French Text [2020] ECHR 270 (26 March 2020)

BARLETTA AND FARNETANO v. ITALY - 55431/09 (Judgment - Right to respect for private and family life : First Section Committee) French Text [2020] ECHR 270 (26 March 2020)

The Court found that, despite the applicants' access to the proceedings and ability to present evidence, the criminal and civil procedures were excessively lengthy (over ten and eight years respectively), which was not justified by the circumstances. This delay failed to meet the promptness required by Article 8...

Source-derived case information.

Citation
[2020] ECHR 270
Parties
Applicant: Carla Barletta; Applicant: Gianluca Farnetano; Respondent: Government of Italy
Jurisdiction
European Union
Procedural Posture
Application to the European Court of Human Rights / Judgment
Outcome
Violation of the procedural limb of Article 8 ECHR; other complaints inadmissible or premature.
Legal Topics
Right to Respect for Private and Family Life, Medical Negligence, Procedural Obligations Under Article 8, Effective Investigation, Reasonable Time Requirement
Human Rights Law Medical Law Right to Respect for Private and Family Life Medical Negligence Procedural Obligations Under Article 8 Effective Investigation Reasonable Time Requirement

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Parties

Carla Barletta

Applicant

Gianluca Farnetano

Applicant

Government of Italy

Respondent

Procedural Posture

Application to the European Court of Human Rights / Judgment

  1. 1 Whether the Italian authorities violated the procedural obligations under Article 8 of the European Convention on Human Rights by failing to conduct a prompt and effective investigation into alleged medical negligence resulting in severe disability.

Ratio Decidendi

The Court found that, despite the applicants' access to the proceedings and ability to present evidence, the criminal and civil procedures were excessively lengthy (over ten and eight years respectively), which was not justified by the circumstances. This delay failed to meet the promptness required by Article 8 ECHR for effective investigation into medical negligence allegations, constituting a procedural violation.

Court Disposition

Violation of the procedural limb of Article 8 ECHR; other complaints inadmissible or premature.

Orders

  • The respondent State must pay the applicants 12,000 EUR for non-pecuniary damage within three months.
  • The respondent State must pay the applicants 6,000 EUR for costs and expenses within three months.