Communicated on 2 1 January 2021 Published on 8 February 2021

FIRST SECTION

Application no. 368/21 Andrea CIOTTA against Italy lodged on 5 January 2021

SUBJECT MATTER OF THE CASE

The application concerns the continued detention in Regina Coeli prison (Rome) of an offender acquitted by reason of insanity and suffering from a severe psychiatric disorder, notwithstanding domestic courts ’ decisions imposing his placement in a specialized structure, and expert reports underlying the incompatibility of detention with his state of mental health.

The applicant complains of the unlawfulness of his prolonged detention; of the conditions of his detention, inadequate for his mental health in the absence of specific treatment for his psychiatric issues; of the absence of domestic remedies and of non-enforcement of domestic courts ’ decisions ordering his placement outside prison.

QUESTIONS TO THE PARTIES

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

( a) Did the applicant receive an adequate medical treatment during his detention in prison (see Strazimiri v. Albania , no. 34602/16, §§ 103-112, 21 January 2020)?

( b) Were the applicant ’ s conditions of detention in conformity with the applicant ’ s state of health, and with the decisions issued by the Rome tribunal on 10 and 30 July 20 20 in proceedings no. 56987/19 RGNR, concerning the applicant ’ s placement in a REMS ?

2. Has there been a breach of Article 5 § 1 of the Convention? In particular, w as the applicant ’ s continued detention “in accordance with a procedure prescribed by law” within the meaning of Article 5 § 1 of the Convention?

3. Has there been a breach of Article 6 § 1 of the Convention as of the implementation of the decisions issued by the Rome tribunal on 10 and 30 July 2020 in proceedings no. 56987/19 RGNR ?

4. Was there an available remedy for the purposes of Article 13 of the Convention, for the applicant to complain of the alleged violations of Articles 3 and 5 § 1?

5. Did the applicant have an effective compensatory remedy in respect of his complaint under Article 5 § 5 of the Convention?

6. Having regard to the applicant ’ s situation in the instant case, as well as to other pending cases concerning the same issues, is that situation indicative of an underlying systemic problem or a structural deficiency regarding the availability of places in “REMS” facilities ( Residences for the Execution of Security Measures ), which calls for indication of general measures under Article 46 of the Convention, as interpreted in the light of Article 1 of the Convention?

The Government are invited to provide updated data on the number of persons awaiting placement in a REMS and the number of persons held in prison facilities while waiting for placement .