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.
Della Morte, G., La situazione carceraria italiana viola strutturalmente gli standard sui diritti umani (a margine della sentenza Torreggiani c. Italia), <<DIRITTI UMANI E DIRITTO INTERNAZIONALE>>, 2013; (1): 147-158 [http://hdl.handle.net/10807/43345]
La situazione carceraria italiana viola strutturalmente gli standard sui diritti umani (a margine della sentenza Torreggiani c. Italia)
Della Morte, Gabriele
2013
Abstract
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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