LABITA v. ITALY JUDGMENT
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D. Preventive measures imposed on the applicant
63. On an application dated 9 September 1992 by the Trapani public
prosecutor's office the Trapani District Court made an order on 10 May
1993 imposing preventive measures on the applicant, who was put under
special police supervision and required to live at Alcamo for three years.
The District Court found in particular that the applicant had been shown to
be dangerous by concrete evidence: he was being investigated in connection
with a very serious offence, was in detention pending trial and, along with
other suspected mafiosi, held shares in a company that ran a discotheque
where members of the Mafia met.
The applicant was required, inter alia:
(i) not to leave his home without informing the authorities responsible
for supervising him;
(ii) to live an honest life and not to arouse suspicion;
(iii) not to associate with persons who had a criminal record or who
were subject to preventive or security measures;
(iv) not to return home later than 8 p.m. or to leave home before 6 a.m.,
unless due cause could be shown and in all cases only after informing the
authority responsible for supervising him;
(v) not to keep or carry weapons;
(vi) not to go to bars or attend public meetings;
(vii) to have on him at all times the card setting out his precise
obligations under the preventive measures and a copy of the court order;
(viii) to report to the relevant police station on Sundays between 9 a.m.
and 12 noon.
64. However, the District Court found that it was not possible to
conclude from the evidence on the file that the company referred to had
been used to launder money coming from illegal Mafia activities. It
consequently made an order for severance of the proceedings relating to the
attachment both of the applicant's holding in the company concerned and
some of his immovable property.
65. The applicant appealed, but his appeal was dismissed on 7 December
1993.
The court of appeal noted, firstly, that a presumption arose under
Law no. 575 of 15 May 1965 that a member of the Mafia was dangerous
and that for the purposes of the imposition of preventive measures, such
membership could be established on the basis of inferences, full proof being
required only to secure a conviction. In the case before it, there was
circumstantial evidence against the applicant, such as the decisions to detain
him pending trial and to commit him for trial. Furthermore, B.F. had clearly
stated that the applicant was both a member and the treasurer of a
mafia-type organisation. There were other factors, too, such as the
applicant's business relations with other mafiosi. The applicant's contact