LABITA v. ITALY JUDGMENT
26
degrading treatment and punishment would, despite its fundamental
importance (see paragraph 119 above), be ineffective in practice and it
would be possible in some cases for agents of the State to abuse the rights of
those within their control with virtual impunity (see the Assenov and Others
judgment cited above, p. 3290, § 102).
132. The Court notes that after the investigating judge had informed the
relevant public prosecutor's office of the allegations of ill-treatment made
by the applicant at the preliminary hearing, the State authorities conducted
certain investigations into those allegations (see paragraphs 37-41 above). It
is not, however, satisfied that those investigations were sufficiently
thorough and effective to satisfy the aforementioned requirements of
Article 3.
133. The Court observes at the outset that the investigation by the
Livorno public prosecutor's office was very slow: after the applicant was
interviewed by the carabinieri on 5 January 1994, fourteen months elapsed
before he was given a further appointment with a view to identifying those
responsible. Yet the file shows that the only action taken during that interval
was the obtaining of photocopies (not prints) of photographs of the warders
who had worked at Pianosa. It will be recalled that throughout that period
the applicant remained a prisoner at Pianosa.
134. The Court finds it particularly striking that although the applicant
repeated on 9 March 1995 that he would be able to recognise the warders
concerned if he could see them in person, nothing was done to enable him to
do so and, just nine days later, the public prosecutor's office sought and was
granted an order for the case to be filed away on the ground not that there
was no basis to the allegations but that those responsible had not been
identified.
135. The inactivity of the Italian authorities is made even more
regrettable by the fact that the applicant's complaint was not an isolated one.
The existence of controversial practices by warders at Pianosa Prison had
been publicly and energetically condemned even by authorities of the State
(see paragraphs 42-45 above).
136. In these circumstances, having regard to the lack of a thorough and
effective investigation into the credible allegation made by the applicant that
he had been ill-treated by warders when detained at Pianosa Prison, the
Court holds that there has been a violation of Article 3 of the Convention.
C. Allegedly inhuman and degrading nature of transfers from
Pianosa
137. The applicant also alleged that the conditions in which prisoners
were transferred from Pianosa to other prisons were inhuman and
degrading.