LABITA v. ITALY JUDGMENT 1 In the case of Labita v. Italy, The European Court of Human Rights, sitting as a Grand Chamber composed of the following judges: Mr L. WILDHABER, President, Mrs E. PALM, Mr A. PASTOR RIDRUEJO, Mr L. FERRARI BRAVO, Mr G. BONELLO, Mr J. MAKARCZYK, Mr P. KŪRIS, Mr J.-P. COSTA, Mrs F. TULKENS, Mrs V. STRÁŽNICKÁ, Mr V. BUTKEVYCH, Mr J. CASADEVALL, Mr B. ZUPANČIČ, Mrs H.S. GREVE, Mr A.B. BAKA, Mr R. MARUSTE, Mrs S. BOTOUCHAROVA, and also of Mr P.J. MAHONEY, Deputy Registrar, Having deliberated in private on 29 September 1999 and 1 March 2000, Delivers the following judgment, which was adopted on the last-mentioned date: PROCEDURE 1. The case was referred to the Court in accordance with the provisions applicable prior to the entry into force of Protocol No. 11 to the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”)1 by the European Commission of Human Rights (“the Commission”) on 8 March 1999 and by the Italian Government (“the Government”) on 31 March 1999 (Article 5 § 4 of Protocol No. 11 and former Articles 47 and 48 of the Convention). 2. The case originated in an application (no. 26772/95) against the Italian Republic lodged with the Commission under former Article 25 of the Convention by an Italian national, Mr Benedetto Labita (“the applicant”), on 10 April 1994. The applicant alleged violations of Articles 3, 5, 6 and 8 of the Convention, of Article 2 of Protocol No. 4 to the Convention and Article 3 of Protocol No. 1. 1. Note by the Registry. Protocol No. 11 came into force on 1 November 1998.

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