Published on 31 July 2023

FIRST SECTION

Application no. 21551/23 Federico BRUNETTI against Italy lodged on 1 June 2023 communicated on 12 July 2023

SUBJECT MATTER OF THE CASE

The case concerns the prolonged detention of the applicant suffering from psychiatric disorders and substance abuse in different prisons located in the Lazio region. The applicant has been detained in prison since December 2022, notwithstanding the domestic court’s decisions ordering his placement in a prison facility equipped with a care and assistance department, namely a mental health protection unit ( Articolazione per la Tutela della Salute Mentale , “ATSM”).

On 1 June 2023, the applicant filed a request under Rule 39 of the Rules of the Court which was granted on 20 June 2023. On 19 June 2023, during his detention at the Velletri prison, the applicant killed his cellmate.

The applicant complains under Articles 3 and 6 § 1 and Article 13 of the Convention of:

- the conditions of his detention, submitting that they were inadequate given his psychiatric condition and the absence of specialised treatment;

- the non-enforcement of the domestic court’s decisions ordering his placement in a specialised structure; and

- the absence of domestic remedies.

QUESTIONS TO THE PARTIES

1. Has there been a breach of the applicant’s rights under Article 3 of the Convention (see Sy v. Italy , no. 11791/20, §§ 76-89, 24 January 2022)?

In particular:

(a) having regard to the applicant’s psychiatric disorder and the decisions issued by the Rome District Court on 19 January, 20 February and 17 and 22 March 2023 ordering his placement in a prison facility equipped with ATSM unit, was the applicant’s detention in prison compatible with his state of health?

(b) did the applicant receive adequate medical treatment during the above-mentioned period (see Rooman v. Belgium [GC], no. 18052/11, §§ 146-47, 31 January 2019, and Strazimiri v. Albania , no. 34602/16, §§ 103-12, 21 January 2020)?

2. Has there been a breach of Article 6 § 1 of the Convention as regards the implementation of the decisions issued by the Rome District Court (see Sy , cited above, § 153)?

3. Did the applicant have an effective domestic remedy to complain of the alleged violation of Article 3 of the Convention, as required by Article 13 of the Convention?

4. Having regard to the applicant’s circumstances and the general information provided in the reports of the Department of the Prison Administration of 27 March and 10 June 2023, is the situation complained of indicative of an underlying systemic problem or a structural deficiency regarding the availability of places in prison facilities equipped with “ATSM”, 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 prison facilities equipped with “ATSM”.