European Court of Human Rights - Viola v. Italy (no. 2) - Application no. 77633/16

giurisprudenza e prassi internazionale - international case-law and practice

Data – Date :

13/06/2019

Note – Notes:

Ruling:

The Court holds, by six votes to one, that there has been a violation of Article 3 of the Convention.

Reference to human dignity:

(paragraph 113) “The Court also reiterates that it would be incompatible with human dignity forcefully to deprive a person of his freedom without striving towards his rehabilitation and providing him with the chance to regain that freedom at some future date. It has specified that “[a] whole life prisoner is entitled to know … what he must do to be considered for release and under what conditions” (see Vinter and Others, cited above, § 122)”;

(paragraph 136) “The Court reiterates that it would be incompatible with human dignity – which lies at the very essence of the Convention system – forcefully to deprive a person of his freedom without striving towards his rehabilitation and providing him with the chance to someday regain that freedom (see Vinter and Others, cited above, § 113)”.

Norme penali italiane rilevanti – Relevant italian rules:

art. 3 ECHR

Parole chiave – Keywords:

Corte Europea dei Diritti Umani - European Court Of Human Rights, Esecuzione Della Pena - Enforcement Of Sentences, Persone Private della Libertà - detainees, Sanzioni (Incluse Pene Accessorie) - Sanctions (Including Ancillary Penalties), Trattato - Treaty