LABITA v. ITALY JUDGMENT
8
subjected to “hidings, torture, acts of cruelty and psychological torture” by
the warders. In particular, they would hit him in the back with their hands.
When he left his cell for the exercise yard he was made to run along a
corridor that had been made slippery. The warders formed a line the length
of the corridor and delivered kicks, punches and baton blows. On one
occasion he had protested that the warders had torn his jumper as they
struck him. One of them had told him to shut up, insulted him and then hit
him, damaging his glasses and a false tooth. Prisoners were violently beaten
every time they left their cells. He added, however, that he was unable to
recognise the warders responsible because the prisoners were obliged to
keep their heads bowed in their presence. He stated lastly that the beatings
had ceased in October 1992.
39. On 7 January 1994 the carabinieri sent the interview record and the
applicant's medical file to the Livorno public prosecutor's office. They said
that they would forward a list of the warders who had worked at Pianosa
Prison at the material time later.
40. On 9 March 1995 the applicant was interviewed by the Trapani
carabinieri on the instructions of the Livorno public prosecutor's office. He
was shown photocopies of photographs of 262 prison warders who had
worked at Pianosa Prison. The applicant said that he was unable to identify
the person who had ill-treated him, but commented that the photographs had
been taken before the relevant period and were only photocopies. He added
that he would have had no difficulty in identifying the warder concerned
had he been able to see him in person.
41. On 18 March 1995 the Livorno public prosecutor's office applied to
have the complaint filed away without further action on the ground that the
offenders could not be identified (perché ignoti gli autori del reato). The
Livorno investigating judge made an order to that effect on 1 April 1995.
4. The report of the Livorno judge responsible for the execution of
sentences on conditions at Pianosa Prison
42. On 5 September 1992 the Livorno judge responsible for the
execution of sentences had sent a report to the Minister of Justice and other
relevant prison and administrative authorities on prison conditions in
Pianosa.
43. The report followed an initial inspection of the prison in
August 1992 in which it was noted in particular that there had been repeated
violations of prisoners' rights and a number of incidents of ill-treatment,
both in the special “Agrippa” wing and in the ordinary wings. By way of
example, it was noted in the report that:
(i) hygiene was appalling;
(ii) prisoners' correspondence, though permitted subject to censorship,
was totally blocked and telegrams were delivered to prisoners only after
substantial delays;