Published on 25 May 2021

FIRST SECTION

Application no. 17378/20 Francesco RIELA against Italy lodged on 28 April 2020 communicated on 5 May 2021

SUBJECT MATTER OF THE CASE

The application concerns the alleged incompatibility of the applicant ’ s state of health with his continued detention in Napoli Secondigliano prison (Naples). Relying on Articles 2 and 3 of the Convention, the applicant complains of the absence of adequate medical treatment for his multiple diseases and that the authorities have not protected him from the risk of contracting Covid-19.

QUESTIONS TO THE PARTIES

1. Has the applicant exhausted all effective domestic remedies, as required by Article 35 § 1 of the Convention (see, for instance, Neshkov and Others v. Bulgaria , nos. 36925/10 and 5 others, § 183, 27 January 2015, and Longin v. Croatia , no. 49268/10, § 41, 6 November 2012)?

2. Having regard to the applicant ’ s state of health and the ongoing Covid-19 pandemic, have the authorities taken all necessary measures to protect the applicant ’ s right to life under Article 2 of the Convention?

3. Has there been a breach of the applicant ’ s rights under Article 3 of the Convention? In particular:

a) Did the applicant receive adequate medical treatment during his detention in prison in accordance with Article 3 of the Convention (see the principles set out by the Court in Blokhin v. Russia [GC], no. 47152/06, §§ 136-37, 23 March 2016)?

b) With regard to the shortcomings in the medical treatment identified in the independent expert ’ s opinion of 29 June 2020 and taking into account the decision of the Supervising Tribunal of Naples of 22 July 2020, were the applicant ’ s conditions of detention compatible with respect for his human dignity (see, mutatis mutandis , Nogin v. Russia , no. 58530/08, § 97, 15 January 2015; Vladimir Vasilyev v. Russia , no. 28370/05, § 69, 10 January 2012; and Slyusarev v. Russia , no. 60333/00, § 43, 20 April 2010)?