LABITA v. ITALY JUDGMENT 22 witness able to give direct evidence, had been unable to identify the warders from the photographs he had been shown indicated that any further action by the investigators would have been futile. 117. The applicant said that particularly between July and September 1992 he had been subjected to numerous acts of violence, humiliation, and debasement, threats and other forms of torture, both physical and mental (see paragraph 29 above). He had been slapped and struck on many occasions, and had suffered injuries to his fingers, knees and testicles. He had been subjected to body searches in the shower and had remained handcuffed during medical examinations. His protests had been futile, even dangerous. On one occasion when he had protested after his clothes had been torn by warders, he had been threatened, insulted and struck by one of the warders. As a result, his glasses and a false tooth had been damaged and – as his clinical records showed – he had been refused permission to have them repaired. The psychological disorders which he had suffered since being detained at Pianosa were confirmed by a medical certificate of 20 April 1996. 118. The applicant maintained that the government of the day was undoubtedly aware of the incidents at Pianosa Prison and had tolerated them. He referred on that point to a note drawn up by the Livorno judge responsible for the execution of sentences, in which it was stated that the methods used at Pianosa were intended as an instrument of intimidation of the prisoners. Further, the fact that his criminal complaint had been filed away on the ground that the offenders could not be identified marked approval of an unlawful act and demonstrated that the government of the day had been guilty of causing or encouraging events at Pianosa. 119. As the Court has stated on many occasions, Article 3 enshrines one of the most fundamental values of democratic societies. Even in the most difficult circumstances, such as the fight against terrorism and organised crime, the Convention prohibits in absolute terms torture and inhuman or degrading treatment or punishment. Unlike most of the substantive clauses of the Convention and of Protocols Nos. 1 and 4, Article 3 makes no provision for exceptions and no derogation from it is permissible under Article 15 § 2 even in the event of a public emergency threatening the life of the nation (see Selmouni v. France [GC], no. 25803/94, § 95, ECHR 1999-V, and the Assenov and Others v. Bulgaria judgment of 28 October 1998, Reports of Judgments and Decisions 1998-VIII, p. 3288, § 93). The Convention prohibits in absolute terms torture and inhuman or degrading treatment or punishment, irrespective of the victim's conduct (see the Chahal v. the United Kingdom judgment of 15 November 1996, Reports 1996-V, p. 1855, § 79). The nature of the offence allegedly committed by the applicant was therefore irrelevant for the purposes of Article 3. 120. The Court recalls that ill-treatment must attain a minimum level of severity if it is to fall within the scope of Article 3. The assessment of this

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