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CAMMARATA v. ITALY

Doc ref: 32295/18 • ECHR ID: 001-188472

Document date: November 20, 2018

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CAMMARATA v. ITALY

Doc ref: 32295/18 • ECHR ID: 001-188472

Document date: November 20, 2018

Cited paragraphs only

Communicated on 20 November 2018

FIRST SECTION

Application no. 32295/18 Giuseppe CAMMARATA against Italy lodged on 3 July 2018

SUBJECT MATTER OF THE CASE

The application concerns the contacts with minors below the age of 12 for detainees subject to the special regime provided for in Article 41- bis of law no. 354 of 26 July 1975. The applicant complains that limiting the time period that he could spend with his children below the age of 12 without glass partition to 10 minutes per 60-minute visit constituted a disproportionate interference with his right to family life.

QUESTION tO THE PARTIES

Was there a violation of Article 8 of the Convention on account of the restrictions on the manner of conducting family visits with the applicant ’ s children below the age of 12? In particular, did the authorities fulfil their duty under Article 8 to enable, and assist, the applicant in maintaining contact with his close family, striking a fair balance between the applicant ’ s rights and the aims it was sought to achieve through the special prison regime (see, inter alia , Horych v. Poland , no. 13621/08, §§ 117-132, 17 April 2012; Khoroshenko v. Russia [GC], no. 41418/04 , §§ 123-26; Messina v. Italy (no. 2) , no. 25498/94, §§ 72-74, ECHR 2000-X) ?

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