LABITA v. ITALY JUDGMENT
24
124. The Court notes that, as the Government said, the applicant has not
produced any conclusive evidence in support of his allegations of
ill-treatment or supplied a detailed account of the abuse to which the
warders at Pianosa Prison allegedly subjected him, particularly between July
and September 1992. He confined himself to describing a situation that he
said was widespread at Pianosa at the time and to referring to the note of
12 December 1996 of the President of the court responsible for the
execution of sentences (see paragraph 50 above). Indeed, the only concrete
evidence furnished by the applicant on this issue, namely the Pianosa Prison
medical register (see paragraphs 31-33 above), a medical report of 24 March
1995 and the results of a scan of his knees dated 3 April 1996 (see
paragraph 34 above), and a certificate regarding his mental health drawn up
on 20 March 1996 (see paragraph 35 above), do not suffice to fill that gap.
Thus, there is nothing in the prison medical register to show that the
problems the applicant had with his false tooth were caused by blows from a
warder. Nor is there any evidence that the injuries to his knees were caused
by ill-treatment, especially as he did not seek medical attention on that
account until 10 August 1993 (while asserting that the ill-treatment had
considerably diminished and even ceased by the end of September 1992).
Moreover, the certificate indicating that he suffered from psychological
disorders was dated about three and a half years after the incidents in issue
and does not point to any causal link (it merely states that the disorders had
begun three years earlier – in other words, after the incidents complained of
had ceased).
125. The Court recognises that it may prove difficult for prisoners to
obtain evidence of ill-treatment by their prison warders. In that connection,
it notes that the applicant alleged that the warders at Pianosa applied
pressure on the prisoners by threatening reprisals if they were denounced. It
observes, however, that the applicant has not suggested, for example, that he
was ever refused permission to see a doctor. In addition, the applicant made
several applications through his lawyers to the judicial authorities, notably
for release (see paragraphs 14, 15, 19 and 21 above); those applications
were made shortly after September 1992, that is to say not long after the illtreatment concerned had diminished or even ceased. Yet he did not
complain about his treatment until the preliminary hearing on 2 October
1993 (see paragraph 36 above). The applicant has given no explanation for
that substantial delay.
126. The Court has examined the note of the President of the court
responsible for the execution of sentences dated 12 December 1996; it was
the Government which produced it to the Commission (see paragraph 50
above). While not underestimating the seriousness of the matters criticised
therein, the Court cannot lose sight of the fact that the note represents no
more than a general assessment that was not based on concrete and
verifiable facts. It is therefore unable to treat it as decisive evidence.