RIZZOTTO v. ITALY (No. 2) - 20983/12 (Judgment : Preliminary objections joined to merits and dismissed : First Section) French Text [2019] ECHR 610 (05 September 2019)

RIZZOTTO v. ITALY (No. 2) - 20983/12 (Judgment : Preliminary objections joined to merits and dismissed : First Section) French Text [2019] ECHR 610 (05 September 2019)

Italian procedural law, as applied, deprived the applicant of the opportunity to be effectively heard by the competent court regarding the legality of his detention, violating Article 5 § 4 of the Convention. The remedies available did not provide adequate procedural guarantees, and the principle of 'unicity of...

Source-derived case information.

Citation
[2019] ECHR 610
Parties
Applicant: Salvatore Stefano Rizzotto; Respondent: Republic of Italy
Jurisdiction
European Union
Procedural Posture
Application to European Court of Human Rights / Judgment on Merits and Preliminary Objections
Outcome
violation found
Legal Topics
Right to Liberty, Judicial Review of Detention, Effective Remedy, Procedural Guarantees
Human Rights Criminal Procedure Right to Liberty Judicial Review of Detention Effective Remedy Procedural Guarantees

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Parties

Salvatore Stefano Rizzotto

Applicant

Republic of Italy

Respondent

Procedural Posture

Application to European Court of Human Rights / Judgment on Merits and Preliminary Objections

  1. 1 Whether applicant was denied effective judicial review of detention under Article 5 § 4 of the Convention
  2. 2 Whether Italian procedural law and practice provided adequate remedies for contesting legality of detention

Ratio Decidendi

Italian procedural law, as applied, deprived the applicant of the opportunity to be effectively heard by the competent court regarding the legality of his detention, violating Article 5 § 4 of the Convention. The remedies available did not provide adequate procedural guarantees, and the principle of 'unicity of appeal' prevented the applicant from exercising his right to judicial review.

Court Disposition

violation found

Orders

  • State must pay applicant €4,000 for moral damages within three months
  • State must pay applicant €7,000 for costs and expenses within three months