LABITA v. ITALY JUDGMENT
2
3. The Commission declared the application partly admissible on
20 October 1997. In its report of 29 October 1998 (former Article 31 of the
Convention), it expressed the unanimous opinion that there had been a
violation of Articles 3, 5 § 3, 5 § 1 and 8 of the Convention that no separate
issue arose under Article 6 § 3 of the Convention, and that there had been a
violation of Article 2 of Protocol No. 4 (by twenty-one votes to seven) and
Article 3 of Protocol No. 1 (by twenty-three votes to five)1.
4. On 31 March 1999 a panel of the Grand Chamber determined that the
case should be decided by the Grand Chamber (Rule 100 § 1 of the Rules of
Court). Mr B. Conforti, the judge elected in respect of Italy, who had taken
part in the Commission's examination of the case, withdrew from sitting in
the Grand Chamber (Rule 28). The Government accordingly appointed
Mr L. Ferrari Bravo, the judge elected in respect of the Republic of San
Marino, to sit in his place (Article 27 § 2 of the Convention and Rule 29
§ 1).
5. The applicant and the Government each filed a memorial.
6. A hearing took place in public in the Human Rights Building,
Strasbourg, on 29 September 1999.
There appeared before the Court:
(a) for the Government
Mr V. ESPOSITO, magistrato, on secondment
to the Diplomatic Legal Service,
Ministry of Foreign Affairs,
(b) for the applicant
Mr V. DI GRAZIANO, of the Trapani Bar,
Co-Agent;
Counsel.
7. The President of the Court authorised the applicant's lawyer to use the
Italian language (Rule 34 § 3).
8. The Court heard addresses by Mr Di Graziano and Mr Esposito.
9. The applicant and the Government produced various documents of
their own initiative.
1. Note by the Registry. The full text of the Commission’s opinion and of the separate
opinion contained in the report will be reproduced as an annex to the final printed version
of the judgment (in the official reports of selected judgments and decisions of the Court),
but in the meantime a copy of the Commission’s report is obtainable from the Registry.