LABITA v. ITALY JUDGMENT
42
6. Holds unanimously that there has been a violation of Article 5 § 1 of the
Convention on account of the applicant's detention after 12.25 a.m. on
13 November 1994;
7. Holds unanimously that there has been a violation of Article 8 of the
Convention on account of the censorship of the applicant's
correspondence;
8. Holds unanimously that it is unnecessary to examine the issue of
censorship of the applicant's correspondence with his lawyers under
Article 6 § 3 of the Convention;
9. Holds unanimously that there has been a violation of Article 2 of
Protocol No. 4 on account of the preventive measures imposed on the
applicant;
10. Holds unanimously that there has been a violation of Article 3 of
Protocol No. 1 on account of the applicant's disenfranchisement;
11. Holds unanimously
(a) that the respondent State is to pay the applicant, within three
months, ITL 75,000,000 (seventy-five million Italian lire) in respect of
non-pecuniary damage and ITL 6,000,000 (six million Italian lire) for
costs incurred at the hearing before the Court;
(b) that simple interest at an annual rate of 2.5% shall be payable from
the expiry of the above-mentioned three months until settlement;
12. Dismisses unanimously the remainder of the applicant's claims for just
satisfaction.
Done in English and in French, and delivered at a public hearing in the
Human Rights Building, Strasbourg, on 6 April 2000.
Luzius WILDHABER
President
Paul MAHONEY
Deputy Registrar