On 8 January, the European Court of Human Rights (ECtHR) issued a pilot judgment in the case of Torreggiani and Others v Italy. The Court held unanimously that Italy had violated Article 3, prohibiting torture and inhuman or degrading treatment, through overcrowding in prisons. Following the ruling, the Italian authorities have one year to put in place a remedy to rectify the violations.
The ‘pilot judgement’ procedure was introduced so as to conquer the issue of repetitive cases coming before the Court. The procedure identifies the structural problems which led to repetitive cases and imposes an obligation on States to address the problems. In such a judgment, the Court must not only establish if a violation has occurred but is also tasked with identifying the systemic problem and giving the authorities indications of the necessary remedies.
Click here to read more on pilot judgments
The case selected for priority treatment involves seven men currently serving sentences in Italian prisons. The applicants alleged that three prisoners had shared a cell intended for one. In addition they complained of a lack of hot water and inadequate lighting in the cells.
The Court noted that while there was no intention to humiliate or debase the applicants, the conditions of detention nonetheless constituted hardship of an intensity exceeding the unavoidable level of suffering inherent in detention. Therefore a violation of Article 3 had occurred.
The Court further held that applications relating solely to overcrowding in Italian prisons would be adjourned until after a period of one year to allow the Italian authorities sufficient time to put remedies in place.
Click here to read the judgment (in French)
Click here to read a press release from the ECtHR