LABITA v. ITALY JUDGMENT
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F. Compensation for “unjust” detention
83. On 4 February 1997 the applicant applied to the Palermo Court of
Appeal for an award of compensation under Articles 314 and 315 of the
Code of Criminal Procedure for his detention from 21 April 1992 to
12 November 1994, which the applicant's acquittal on 14 December 1995
showed to have been “unjust”.
84. The Court of Appeal acceded to his claim in a decision of 20 January
1998, which was lodged with the registry on 23 January 1998. Having
regard to the length and particularly harsh conditions of his detention, and to
the damage sustained by the applicant (to his reputation) and by his family
(who had had to make long journeys for visits), it awarded him
64,000,000 Italian lire.
II. RELEVANT DOMESTIC LAW AND PRACTICE
A. Provisions relating to the length of detention pending trial
85. The first paragraph of Article 273 of the Code of Criminal Procedure
(“CCP”) provides that “no one shall be detained pending trial unless there is
serious evidence of his guilt”.
86. Article 274 CCP goes on to provide that detention pending trial may
be ordered: “(a) if detention is demanded by special and unavoidable
requirements of the inquiry into the facts under investigation concerning a
genuine and present danger for the production or authenticity of evidence ...;
(b) if the accused has absconded or there is a real danger of his absconding,
provided that the court considers that, if convicted, he will be liable to a
prison sentence of more than two years; and (c) where, given the specific
nature and circumstances of the offence and having regard to the character
of the suspect or the accused as shown by his conduct, acts or criminal
record, there is a genuine risk that he will commit a serious offence
involving the use of weapons or other violent means against the person or
an offence against the constitutional order or an offence relating to
organised crime or a further offence of the same kind as that of which he is
suspected or accused ...”
87. Under Article 275 § 3 CCP, as amended by Legislative
Decree no. 152 of 1991 (which became Law no. 203 of 1991) and
Legislative Decree no. 292 of 1991 (which became Law no. 356 of 1991)
there is a rebuttable presumption that such a necessity exists where certain
offences, such as being a member of a mafia-type organisation, are
concerned.
88. Article 303 CCP lays down the maximum permitted periods of
detention pending trial which vary according to the stage reached in the