The European Court of Human Rights deliberated on this issue while hearing a case
Mesina v Italy.186 The case originated in an application filed by a citizen of Italy Antonio
Messina (the Applicant). The Applicant alleged in particular infringement of his right to
respect for his family life on account of the restrictions on family visits while he was a
prisoner, of his right to respect for his correspondence on account of the fact that it was
intercepted by the prison authorities, and of his right to an effective remedy against
the decisions to extend the period for which he was to be subject to the special prison
regime (which stipulated the restriction on the number of visits by the Applicant’s
family members with maximum two visits for a month). The restrictions also implied
supervision on visits (prisoners were separated from visitors by glass partitions). The
Court holds that these restrictions represent interference in the Applicant’s right
to family life promulgated by Article 8 of the Convention. The Court notes that the
regime laid down in section 41 bis is designed to cut the links between the prisoners
concerned and their original criminal environment, in order to minimize the risk that
they will maintain contact with criminal organisations. In particular, it notes that as
the Government point out, before the introduction of the special regime imprisoned
Mafia members were able to maintain their positions within the criminal organisation,
to exchange information with other prisoners and the outside world and to orgnise
and procure the commission of serious crimes both inside and outside their prisons.
In that context, the Court takes into account the specific nature of the phenomenon of
organized crime, particularly of Mafia type, in which family relates often play a crucial
role. Moreover, numerous Sates party to the Convention have high-security regimes
for dangerous prisoners. These regimes are also based on separation from the prison
community, accompanied by tighter supervision.
In its judgement the Court holds that the Italian legislature reasonably considered such
measures to be necessary to achieve the goal. This refers to the critical circumstances
of the investigations of the Mafia being conducted by the Italian authorities. However,
the Court considered that the extension of the special regime may have violated the
right of the Applicant guaranteed by Article 8 of the Convention.
European Court of Human Rights ruled that the right of the Applicant guaranteed by
Article 8 of the Convention was not violated by imposing restrictions over visits of his
family members. However, interception of the Applicant’s correspondence did breach
the above mentioned right.
According to Article 1211, Part III, Paragraph A of the close relatives of convicts/accused
(child, spouse, a partner, a parent (adoptive parent), stepmother, stepfather, in-laws,
stepchild, adopted children and their descendants, grandchildren, sister, brother,
niece, nephew and their children, grandfather, grandmother, great grandparents (both
paternal and maternal), uncles (maternal and paternal), aunts, cousins, also a person
with who a convict lived with in a same household for a year before imprisonment)
may be granted the right to visits upon recommendation of a physician in charge and
a consent of a head of the department under the terms ruled by the Minister.
186 Messina v Italy, Judgement of September 28, 2000
NATIONAL PREVENTIVE MECHANISM OF GEORGIA
143
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