LABITA v. ITALY JUDGMENT
33
168. The applicant maintained that he should have been freed
immediately after his acquittal. A check could have been performed before
the hearing as to whether other grounds for his detention existed, in case he
was acquitted. The remaining administrative formalities could have been
carried out after his release.
169. The Government pointed out that although a prisoner is considered
“free” once his acquittal has been pronounced at a hearing, he cannot be
released until certain administrative formalities have been performed, first
and foremost being a check to see whether other reasons for detaining him
exist. Since it was for the prison authorities to carry out that check on the
instructions of the public prosecutor's office, the prisoner had to be brought
back to the prison before he could be released. In the instant case, the
applicant had had to be taken from Trapani, where the trial took place, to
Termini Imerese – a distance of approximately 120 km.
As regards the delay caused by the absence of the registration officer, the
Minister of Justice had acknowledged in a note to the Commission dated
31 January 1997 that it had been unjustified. Furthermore, the Minister had
explained that since March 1996 instructions had been given to the
governors of penal institutions so that prisoners could be released at any
time, including at night.
170. The Court reiterates that the list of exceptions to the right to liberty
secured in Article 5 § 1 is an exhaustive one and only a narrow
interpretation of those exceptions is consistent with the aim of that
provision, namely to ensure that no one is arbitrarily deprived of his or her
liberty (see, among other authorities, the Giulia Manzoni v. Italy judgment
of 1 July 1997, Reports 1997-IV, p. 1191, § 25, and the Quinn v. France
judgment of 22 March 1995, Series A no. 311, pp. 17-18, § 42).
171. While it is true that for the purposes of Article 5 § 1 (c) detention
ceases to be justified “on the day on which the charge is determined” (see
paragraph 147 above) and that, consequently, detention after acquittal is no
longer covered by that provision, “some delay in carrying out a decision to
release a detainee is often inevitable, although it must be kept to a
minimum” (see the Giulia Manzoni judgment cited above, p. 1191, § 25 in
fine).
172. The Court observes, however, that in the instant case the delay in
the applicant's release was only partly attributable to the need for the
relevant administrative formalities to be carried out. The additional delay in
releasing the applicant between 12.25 a.m. and the morning of 13 November
1993 was caused by the registration officer's absence. It was only on the
latter's return that it was possible to verify whether any other reasons existed
for keeping the applicant in detention and to put in hand the other
administrative formalities required on release (see paragraph 24 above).
173. In these circumstances, the applicant's continued detention after his
return to Termini Imerese Prison did not amount to a first step in the