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.

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