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LOMBARDI v. ITALY

Doc ref: 80288/13 • ECHR ID: 001-193925

Document date: May 24, 2019

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LOMBARDI v. ITALY

Doc ref: 80288/13 • ECHR ID: 001-193925

Document date: May 24, 2019

Cited paragraphs only

Communicated on 24 May 2019

FIRST SECTION

Application no. 80288/13 Carlo LOMBARDI against Italy lodged on 2 December 2013

SUBJECT MATTER OF THE CASE

The application concerns the conditions of the applicant ’ s detention in different correctional facilities and the alleged failure of the authorities to provide him with adequate medical care. During the course of his detention the applicant was diagnosed with a degenerative spinal cord condition which worsened over time, to the point that he is no longer able to move without a wheelchair. Throughout his detention the applicant lodged several applications before the domestic courts arguing that his state of health was incompatible with detention and that he was not receiving appropriate medical care .

QUESTIONS TO THE PARTIES

Has the applicant been subjected to inhuman or degrading treatment, in breach of Article 3 of the Convention? Taking into account the applicant ’ s medical condition, have the responsible authorities discharged their obligation to ensure that the applicant ’ s health and well ‑ being while in detention were adequately secured by, among other things, providing him with appropriate medical assistance, as required by Article 3 of the Convention (see Rooman v. Belgium [GC], no. 18052/11, §§ 145 ‑ 148, 31 January 2019)? In particular:

( a) Was the applicant ’ s medical condition regularly and systematically monitored?

( b) Is there evidence of what may be considered a “comprehensive therapeutic strategy” aimed at adequately treating the applicant ’ s health problems or preventing their aggravation, rather than addressing them on a symptomatic basis?

( c) When medical treatment was prescribed, were the necessary conditions created for such treatment to be actually followed through ?

The Government are requested to provide documentary evidence in support of their answers.

INFORMATION SOUGHT

The Government are further invited to furnish a copy of the applicant ’ s prison medical register ( diario clinico ) and any other relevant medical documentation.

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