LABITA v. ITALY JUDGMENT
34
execution of the order for his release and therefore did not come within
sub-paragraph 1 (c), or any other sub-paragraph, of Article 5.
174. Accordingly, there has been a violation of Article 5 § 1 on that
account.
IV. ALLEGED VIOLATION OF ARTICLE 8 OF THE CONVENTION
175. The applicant complained that the Pianosa Prison authorities had
censored his correspondence with his family and lawyer.
Article 8 of the Convention provides:
“1. Everyone has the right to respect for his ... correspondence.
2. There shall be no interference by a public authority with the exercise of this right
except such as is in accordance with the law and is necessary in a democratic society
in the interests of national security, public safety or the economic well-being of the
country, for the prevention of disorder or crime, for the protection of health or morals,
or for the protection of the rights and freedoms of others.”
176. The Commission unanimously expressed the view that Article 8 of
the Convention had been violated in the present case as the interference with
the applicant's right to respect for his correspondence was not “in
accordance with the law”. It said that the applicable legislation – section 18
of Law no. 354 of 1975, which contains no rules as to the length of time for
which prisoners' correspondence may be censored or the grounds on which
an order for censorship may be made – did not indicate with sufficient
clarity the extent of the relevant authorities' discretion in that sphere or
provide guidance on how it was to be exercised. The Commission relied on
the judgments of the Court in the Calogero Diana and Domenichini cases,
which also concerned censorship of prisoners' correspondence (see the
Calogero Diana v. Italy judgment of 15 November 1996, Reports 1996-V,
pp. 1775-76, §§ 29-33, and the Domenichini v. Italy judgment of
15 November 1996, Reports 1996-V, pp. 1799-800, §§ 29-33).
177. In the light of the decision of the Court in its Calogero Diana and
Domenichini judgments, the Government did not contest the Commission's
conclusion. They explained that the Minister of Justice had introduced a bill
in the Senate on 23 July 1999 for the amendment of the relevant statute to
bring it into line with the aforementioned judgments of the Court.
178. The Court agrees with the Government and the Commission that
there has been an “interference by a public authority” in the exercise of the
applicant's right to respect for his correspondence, as guaranteed by
paragraph 1 of Article 8.
179. Such an interference will contravene Article 8 unless it is “in
accordance with the law”, pursues one or more of the legitimate aims
referred to in paragraph 2 and, furthermore, is “necessary in a democratic
society” in order to achieve them (see the following judgments: Silver and