LABITA v. ITALY JUDGMENT
14
with the Mafia was also confirmed by the fact that he had seen fit to marry
the sister of a mafia boss and thus to become a member of a mafia clan,
which undoubtedly made it likely that he would receive requests for
assistance from that criminal organisation.
66. The applicant appealed to the Court of Cassation, but that appeal was
also dismissed in a judgment of 3 October 1994 on the ground that the
assessment whether a person was dangerous was based on any factor which
the court found to be cogent. The Trapani District Court and the Palermo
Court of Appeal had established that it was likely that the applicant
belonged to the Alcamo mafia clan on the basis of the evidence that had led
to the applicant being kept in pre-trial detention. No appeal lay to the Court
of Cassation against the verdict of the trial and appellate courts on the facts.
67. Meanwhile, on 22 May 1993 the Trapani Prefect ordered the
applicant to surrender his passport. That order could not be executed as the
applicant said that it had been lost. The prefect also ordered the applicant to
produce his national identity card so that the words “not valid for foreign
travel” could be stamped on it.
68. On 1 June 1993 the Trapani Prefect ordered the confiscation of the
applicant's driving licence.
69. The preventive measures were suspended until the end of the trial
and applied with effect from 19 November 1994 following the applicant's
acquittal by the Trapani District Court.
70. On 13 February 1996 the applicant was refused permission to leave
Alcamo to accompany his wife and one of their sons to Palermo Hospital –
where they were due to undergo medical tests – on the ground that the tests
did not relate to a serious illness.
71. Meanwhile, on 8 January 1996 the applicant had applied to the
Trapani District Court for an order lifting the preventive measures on the
ground that he had now been finally acquitted (by a judgment of
14 December 1995) and that it was impossible for him to find employment.
72. On 11 June 1996 the District Court dismissed that application. In
doing so, it firstly reiterated the settled case-law of the Court of Cassation
whereby matters established at trial, though insufficient to support a
conviction, could, if appropriate when coupled with other evidence,
nonetheless amount to serious evidence capable of proving that a person
who has been acquitted might be dangerous. That, said the District Court,
was the position in the case before it. It considered that the statements made
by B.F. showed that the applicant had associated with the Alcamo mafia
clan, as proved by the fact that his late brother-in-law had been the head of
the main clan. As to his inability to find work, the court considered that it
was unrelated to the preventive measures since the applicant could at any
stage have sought permission to work and would have been authorised to do
so, provided, of course, that the work was compatible with his obligations
under the preventive measures.