LABITA v. ITALY JUDGMENT
6
B. The ill-treatment to which the applicant alleges he was subjected
in Pianosa Prison
1. The impugned treatment
27. The applicant was held at Termini Imerese Prison until 20 July 1992,
when he was transferred to Pianosa Prison under urgent measures taken by
the Italian Government against the Mafia following the killing by that
organisation of two senior judges. Pianosa Prison had previously held
approximately 100 prisoners who enjoyed a less strict regime, which
included the right to work on the island outside the prison. The
high-security prisoners were held together in the “Agrippa” wing. A large
number of prison warders from other penal institutions were also transferred
to Pianosa Prison.
The applicant was held at Pianosa without interruption until 29 January
1993. Subsequently, he was regularly transferred for short periods to enable
him to be present at the various stages of the proceedings against him.
28. The medical register kept by Pianosa Prison shows that the applicant
was in good health on arrival.
29. He alleged that he was ill-treated in a number of ways, detailed
below, mainly between July and September 1992 (the situation
subsequently improved).
(i) He was regularly slapped and had sustained an injury to his right
thumb. His testicles had been squeezed, a practice which the applicant said
was systematically inflicted on all prisoners.
(ii) On one occasion the applicant was beaten and his jumper was torn.
He protested. Two hours later a warder ordered him to shut up, insulted and
then struck him, damaging the applicant's glasses and a false tooth.
(iii) He was manhandled on other occasions. Prisoners were allowed to
put cleaning products in the corridors. Sometimes the prison warders caused
the products to spill on the floor and mixed them with water, thus making
the floor slippery. Prisoners were then forced to run along the corridors
between two rows of warders. Those who fell were hit by warders and
beaten with batons.
(iv) He was often subjected to body searches when showering.
(v) He had to wait very lengthy periods to see a doctor and remained
handcuffed during medical examinations.
(vi) The warders warned prisoners that they would be subjected to
reprisals if they told their lawyers or other prisoners about the treatment
they were receiving.
(vii) In the presence of warders prisoners were required to bow their
heads, keep their eyes to the ground, show respect, remain silent and stand
to attention.