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

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