LABITA v. ITALY JUDGMENT
27
138. The Court observes, however, that the applicant has not supplied
detailed information regarding how many times he was transferred from
Pianosa or the dates and precise conditions of such transfers. Nor did he
complain about the conditions of transfer to the relevant authorities. Like
the Commission, the Court consequently considers that there is insufficient
evidence for it to conclude that there has been a violation of Article 3 on
that account.
II. ALLEGED VIOLATION OF ARTICLE 5 § 3 OF THE CONVENTION
139. The applicant complained of the length of his detention pending
trial and alleged a violation of Article 5 § 3 of the Convention, which
provides:
“3. Everyone arrested or detained in accordance with the provisions of
paragraph 1 (c) of this Article shall be brought promptly before a judge or other
officer authorised by law to exercise judicial power and shall be entitled to trial within
a reasonable time or to release pending trial. Release may be conditioned by
guarantees to appear for trial.”
140. The Government
Commission agreed with it.
contested
that
submission
whereas
the
A. Loss of standing as a victim
141. The Government submitted that as the Palermo Court of Appeal
had awarded the applicant a sum as compensation for the time he had spent
in detention pending trial, the respondent State had acknowledged, at least
in substance, and afforded redress for any violation of Article 5 § 3 of the
Convention. Accordingly, the applicant could no longer claim to be the
victim of such a violation.
142. In the case of Amuur v. France (judgment of 25 June 1996, Reports
1996-III, p. 846, § 36) and in Dalban v. Romania ([GC], no. 28114/95, § 44,
ECHR 1999-VI), the Court reiterated that “a decision or measure favourable
to the applicant is not in principle sufficient to deprive him of his status as a
'victim' unless the national authorities have acknowledged, either expressly
or in substance, and then afforded redress for, the breach of the
Convention”.
143. In the instant case, even though the Palermo Court of Appeal, in a
decision of 20 January 1998 lodged at the registry on 23 January 1998,
acceded to the applicant's claim for compensation for unjust detention, it
based its decision on Article 314 § 1 of the Code of Criminal Procedure,
which affords a right to reparation to “anyone who has been acquitted in a
judgment that has become final” (see paragraph 92 above). The detention is
deemed to be “unjust” as a result of the acquittal, and an award under
Article 314 § 1 does not amount to a finding that the detention did not