LABITA v. ITALY JUDGMENT
22
witness able to give direct evidence, had been unable to identify the warders
from the photographs he had been shown indicated that any further action
by the investigators would have been futile.
117. The applicant said that particularly between July and
September 1992 he had been subjected to numerous acts of violence,
humiliation, and debasement, threats and other forms of torture, both
physical and mental (see paragraph 29 above). He had been slapped and
struck on many occasions, and had suffered injuries to his fingers, knees
and testicles. He had been subjected to body searches in the shower and had
remained handcuffed during medical examinations. His protests had been
futile, even dangerous. On one occasion when he had protested after his
clothes had been torn by warders, he had been threatened, insulted and
struck by one of the warders. As a result, his glasses and a false tooth had
been damaged and – as his clinical records showed – he had been refused
permission to have them repaired. The psychological disorders which he
had suffered since being detained at Pianosa were confirmed by a medical
certificate of 20 April 1996.
118. The applicant maintained that the government of the day was
undoubtedly aware of the incidents at Pianosa Prison and had tolerated
them. He referred on that point to a note drawn up by the Livorno judge
responsible for the execution of sentences, in which it was stated that the
methods used at Pianosa were intended as an instrument of intimidation of
the prisoners. Further, the fact that his criminal complaint had been filed
away on the ground that the offenders could not be identified marked
approval of an unlawful act and demonstrated that the government of the
day had been guilty of causing or encouraging events at Pianosa.
119. As the Court has stated on many occasions, Article 3 enshrines one
of the most fundamental values of democratic societies. Even in the most
difficult circumstances, such as the fight against terrorism and organised
crime, the Convention prohibits in absolute terms torture and inhuman or
degrading treatment or punishment. Unlike most of the substantive clauses
of the Convention and of Protocols Nos. 1 and 4, Article 3 makes no
provision for exceptions and no derogation from it is permissible under
Article 15 § 2 even in the event of a public emergency threatening the life of
the nation (see Selmouni v. France [GC], no. 25803/94, § 95, ECHR
1999-V, and the Assenov and Others v. Bulgaria judgment of 28 October
1998, Reports of Judgments and Decisions 1998-VIII, p. 3288, § 93). The
Convention prohibits in absolute terms torture and inhuman or degrading
treatment or punishment, irrespective of the victim's conduct (see the
Chahal v. the United Kingdom judgment of 15 November 1996, Reports
1996-V, p. 1855, § 79). The nature of the offence allegedly committed by
the applicant was therefore irrelevant for the purposes of Article 3.
120. The Court recalls that ill-treatment must attain a minimum level of
severity if it is to fall within the scope of Article 3. The assessment of this