LABITA v. ITALY JUDGMENT
12
(v) a letter from the applicant to his family posted on 7 May 1993
(stamped by the Pianosa Prison censors).
57. On 15 September 1993, as a result of a Constitutional Court decision
(no. 349 of 28 July 1993 – see paragraph 102 below), the Minister of Justice
rescinded the measure regarding censorship of correspondence that had
been issued in orders made under section 41 bis.
58. The applicant's correspondence nonetheless continued to be subject
to censorship as a result of the Trapani District Court's decision of 21 April
1992.
59. On 21 February 1994 the Trapani District Court ordered rescission
of that order, but the applicant's correspondence continued to be censored
notwithstanding.
60. On 10 June 1994 the applicant reverted to the ordinary prison
regime; the change entailed among other things an end to censorship.
However, at least one letter (sent to the applicant by his wife on 28 July
1994) was nonetheless censored by the Pianosa Prison authorities.
61. On 13 August 1994, at the request of the Pianosa Prison authorities,
an order was made by the President of the Criminal Division of the Trapani
District Court, renewing censorship of the applicant's correspondence. The
following letters were censored:
(i) a letter of 24 August 1994 sent to the applicant by his second lawyer
(stamped by Pianosa Prison);
(ii) letters sent to the applicant by his wife on 18, 21, 29 and 30 August
1994 containing two photographs of the applicant's children (and each
bearing the Pianosa Prison censors' stamp);
(iii) a letter of 31 August 1994 from the applicant to his family (stamped
by Pianosa Prison);
(iv) a letter of 1 September 1994 sent to the applicant by his children
(stamped by Pianosa Prison);
(v) a letter of 16 October 1994 sent to the applicant by his granddaughter
(stamp illegible);
(vi) letters of 18 and 20 October 1994 sent to the applicant by his wife
(stamped by Termini Imerese Prison);
(vii) a letter of 20 October 1994 apparently sent to the applicant by
members of his family (stamped by Termini Imerese Prison);
(viii) an undated letter sent to the applicant by his granddaughter
(stamped by Pianosa Prison).
62. As to the two letters sent to the applicant by his lawyers on 7 May
1993 and 24 August 1994, the Pianosa Prison authorities said that they
could not be regarded as being correspondence with defence counsel for the
purposes of Article 35 of the transitional provisions of the new Code of
Criminal of Procedure (see paragraph 97 below).