LABITA v. ITALY JUDGMENT
15
73. On 7 October 1996 the applicant's identity card was returned marked
“not valid for foreign travel”.
74. On an unspecified date the applicant made a further request to the
Trapani District Court to rescind the preventive measures against him
repeating that he had now been finally acquitted and stressing that he had
always complied with the preventive measures.
75. On 21 October 1997 the Trapani District Court dismissed that
application stating, firstly, that the proceedings concerning the preventive
measures were quite separate from the criminal proceedings so that the
acquittal had no automatic effect on the preventive measures that had
already been ordered. In any event, the applicant had not shown any real
change in his life-style or that he was genuinely repentant.
76. The preventive measures against the applicant ceased to apply on
18 November 1997.
E. Disenfranchisement
77. As a result of the imposition of the special supervision measure on
the applicant, the Alcamo Municipal Electoral Committee decided on
10 January 1995 to strike the applicant off the electoral register on the
ground that his civil rights had lapsed pursuant to Article 32 of Presidential
Decree no. 223 of 20 March 1967.
78. The applicant lodged an appeal with the Ward Electoral Board in
which he contended that no reasons had been stated in the decision of
10 January 1995 and that the decision to impose preventive measures had
been taken before his acquittal.
In a decision of 27 February 1995, served on the applicant on 7 March
1995, the board dismissed the appeal on the ground that the applicant had
been disenfranchised by operation of law (as his civil rights had lapsed
following imposition of the special supervision measure), not by a decision
of the electoral committee. The applicant did not appeal against that
decision.
79. On 19 November 1997, following the expiration of the preventive
measures, the applicant applied to be reinstated on the electoral registers.
80. On 28 November 1997 the Ward Electoral Committee informed the
mayor of Alcamo that it had authorised the applicant to take part in the
imminent administrative elections scheduled to be held on 30 November
1997.
81. On 29 November 1997 the mayor notified the applicant of the
electoral committee's decision.
82. On 11 December 1997 the Municipal Electoral Committee reinstated
the applicant on the Alcamo electoral register.