Italy - Court of Turin, 3 February 2013, RG 797/2013

Facts:

The applicant, an Albanian citizen who had been living illegally in the country, had been held at C.I.E. Brunelleschi in Turin following an injunction issued by the Police Commissioner and validated by the Justice of the Peace.

In addition, the applicant had submitted a request for international protection that had been heard by the Commission responsible for the area and was awaiting the Commission’s decision.

The Court of Turin was asked to decide on the lawfulness of an extension to the detention for another 30 days. In light of the delicate state of health of the applicant, the judge considered it appropriate to carry out a thorough investigation into whether the applicant’s state of health was compatible with the type of assistance and support that the detention centre was able to provide.

Decision & reasoning:

The Court decided not to extend the detention for another 30 days but only for 7 days and asked the doctor at the C.I.E. to examine the applicant’s medical records and to assess whether the applicant’s state of health was compatible with the type of assistance and support that the centre was able to provide.

This complied with the request of the applicant’s defence which argued that the detention was contrary to Article 3 of ECHR.

Outcome:

Applicant’s appeal partly upheld; detention extended only for 7 days pending further assessments.