LABITA v. ITALY JUDGMENT
35
Others v. the United Kingdom, 25 March 1983, Series A no. 61, p. 32, § 84;
Campbell v. the United Kingdom, 25 March 1992, Series A no. 233, p. 16,
§ 34; Calogero Diana cited above, p. 1775, § 28; Domenichini cited above,
p. 1799, § 28; and Petra v. Romania, 23 September 1998, Reports 1998-VII,
p. 2853, § 36).
A. “In accordance with the law”
1. Periods from 21 April 1992 to 20 July 1992, 15 September 1993 to
21 February 1994 and 13 August 1994 to 13 November 1994
180. The censorship of the applicant's correspondence during the
aforementioned periods was ordered by decisions of the Trapani District
Court and was based on section 18 of Law no. 354 of 1975 (see
paragraphs 54 and 58 above). However, the Court sees no reason to disagree
with the Commission's view that, despite being based on that provision, the
censorship of the applicant's correspondence did not comply with Article 8
of the Convention.
2. Period from 20 July 1992 to 15 September 1993
181. During this period, the censorship was based on an order of the
Minister of Justice made pursuant to section 41 bis of Law no. 354 of 1975
(see paragraphs 55-56 above).
182. The Court notes that the Italian Constitutional Court, relying on
Article 15 of the Constitution, has held that the Minister of Justice had no
power to take measures concerning prisoners' correspondence and had
therefore acted ultra vires under Italian law (see paragraph 102 above). The
censorship of the applicant's correspondence during this period was
therefore illegal under national law and was not “in accordance with the
law” within the meaning of Article 8 of the Convention.
3. Period from 21 February 1994 to 10 June 1994
183. There was no legal basis for the censorship of the applicant's
correspondence during this period (see paragraph 59 above).
4. Conclusion
184. In conclusion, the various measures complained of by the applicant
regarding the censorship of his correspondence were at no time “in
accordance with the law” within the meaning of Article 8 of the
Convention. There has therefore been a violation of that Article.