LABITA v. ITALY JUDGMENT
9
(iii) prisoners were forced to run to the exercise yard, and probably
beaten with batons on the legs;
(iv) prisoners were sometimes beaten with batons and subjected to other
forms of ill-treatment (for example, one prisoner was allegedly forced to
undress completely and to do floor exercises (flessioni) before being
subjected to a rectal search, which, according to the judge responsible for
the execution of sentences, had been wholly unnecessary as the prisoner had
just finished doing work in the presence of other warders; the prisoner
concerned, who was slapped while getting dressed, had then consulted the
prison doctor; that night, three warders had subjected him to a beating in his
cell);
(v) apparently, other similar incidents had taken place subsequently,
although the situation appeared to have improved more recently, probably
as a result of action taken against prison warders.
44. After information and press reports began to circulate that prisoners
in Pianosa Prison were being subjected to violence, the Livorno public
prosecutor spent a day on the island and informed the press that he had
found nothing to support the allegations.
45. Further, on 30 July 1992 inspectors for the Tuscany prison services
had informed the Prison Administration Department at the Ministry of
Justice that, according to information from reliable sources, there had been
serious incidents of ill-treatment of prisoners at Pianosa Prison. In
particular, the report referred to one incident in which a handicapped
prisoner had been brought into the prison in a wheelbarrow to the jeers of
the warders and another in which a prisoner had been forced to kneel before
a candle.
46. In a note to the Minister's principal private secretary dated
12 October 1992, the Director-General of the Prison Administration
Department at the Ministry of Justice explained that the conditions referred
to by the Livorno judge responsible for the execution of sentences were due
essentially to the fact that fifty-five prisoners had been transferred to
Pianosa as a matter of urgency in the night of 19 to 20 July 1992. That had
caused practical problems which could to a large extent explain the
inconvenience that had been noted. In addition, additional problems had
been caused by building works in the prison.
47. On 28 October 1992 the Director-General forwarded the conclusions
of a group of experts appointed by the department to the principal private
secretary to the Minister and to the public prosecutor's office. On the basis
of the information supplied by prisoners questioned in the prison, the
experts had found that the allegations of ill-treatment were wholly
unfounded apart from the incident concerning the moving of a handicapped
prisoner in a wheelbarrow, which, however, had resulted from a lack of
wheelchairs in the prison.