LABITA v. ITALY JUDGMENT
36
B. The purpose and necessity of the interference
185. In the light of the foregoing conclusion, the Court does not consider
it necessary in the instant case to examine whether the other requirements of
paragraph 2 of Article 8 were satisfied.
V. ALLEGED VIOLATION OF ARTICLE 6 § 3 OF THE CONVENTION
186. The applicant complained also of a violation of his defence rights
in that his correspondence with his lawyer was censored. He relied on
Article 6 of the Convention, the relevant part of which provides:
“3. Everyone charged with a criminal offence has the following minimum rights:
...
(b) to have adequate time and facilities for the preparation of his defence;
(c) to defend himself in person or through legal assistance of his own choosing or,
if he has not sufficient means to pay for legal assistance, to be given it free when the
interests of justice so require;
...”
187. The Court considers that in the light of its conclusion regarding
Article 8 of the Convention this complaint is absorbed by the preceding
complaint.
188. Furthermore, and in any event, the Court observes that the applicant
has not stated in what way his defence was adversely affected by the
censorship of his correspondence with his lawyer; moreover, he was finally
acquitted at the end of the proceedings in question.
VI. ALLEGED VIOLATION OF ARTICLE 2 OF PROTOCOL No. 4 TO
THE CONVENTION
189. The applicant maintained that the fact that he had been placed
under special police supervision despite his acquittal amounted to a breach
of Article 2 of Protocol No. 4, which provides:
“1. Everyone lawfully within the territory of a State shall, within that territory, have
the right to liberty of movement and freedom to choose his residence.
2. Everyone shall be free to leave any country, including his own.
3. No restrictions shall be placed on the exercise of these rights other than such as
are in accordance with law and are necessary in a democratic society in the interests of
national security or public safety, for the maintenance of ordre public, for the
prevention of crime, for the protection of health or morals, or for the protection of the
rights and freedoms of others.