LABITA v. ITALY JUDGMENT
7
30. Lastly, the applicant said that transfers of prisoners from the prison
to the courts for hearings took place in inhuman conditions: in the hold of
the vessel, without air, light or food and with very poor hygiene.
2. The medical certificates
31. The Pianosa Prison medical register shows that on 9 September 1992
the applicant complained of a problem with a false tooth and the prison
doctor therefore referred him for examination by a dentist. In April 1993 a
further request was made for an appointment with a dentist to have a loose
false tooth cemented.
32. On 10 August 1993 the Pianosa Prison medical service requested
x-rays and an appointment with an orthopaedist following a complaint by
the applicant of pain in his knees. On 22 September 1993, following tests,
an orthopaedist noted problems – the medical record does not reveal their
exact nature – in the applicant's knees.
33. On 17 March 1994 the dentist noted that the false tooth had
completely broken and needed repair.
34. A medical report of 24 March 1995 notes calcification in the knee
joint. The applicant had a scan on 3 April 1996 that revealed two small
wounds resulting from traumatic injury in the upper, outer part of the knee.
35. A medical certificate dated 20 March 1996 refers to psychological
disorders (asthenia, state of confusion, depression) that had started three
years earlier.
3. Proceedings instituted by the applicant
36. On 2 October 1993, at a preliminary hearing before the Trapani
investigating judge, the applicant and another prisoner alleged that they had
suffered forms of ill-treatment such as “torture, humiliation and cruelty” in
Pianosa Prison until October 1992. The applicant said in particular that he
had suffered a broken finger and broken teeth. Even though the position had
improved after October 1992, he complained that the overall treatment to
which he had been subjected and which had been imposed on the basis of,
inter alia, section 41 bis of Law no. 354 of 1975, was inhuman and
emotionally draining.
37. The investigating judge informed the Livorno public prosecutor's
office of the above; the public prosecutor's office opened an official inquiry
(no. 629/93) and on 12 November 1993 instructed the Portoferraio
carabinieri to question the applicant about the nature and duration of the
ill-treatment he had allegedly suffered and to obtain from him any
information he had that would help to identify those responsible. It also
requested the applicant's medical records.
38. The applicant was interviewed on 5 January 1994 by the Portoferraio
carabinieri. He said that from the moment he arrived at Pianosa he had been