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The European Court of Human Rights, sitting as a Grand Chamber composed of the following judges:
The case was referred to the Court in accordance with the provisions applicable prior to the entry into force of Protocol No. 11 to the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) [1] by the European Commission of Human Rights (“the Commission”) on 8 March 1999 and by the Italian Government (“the Government”) Error! Bookmark not defined. on 31 March 1999 Error! Bookmark not defined. (Article 5 § 4 of Protocol No. 11 and former Articles 47 and 48 of the Convention).
The case originated in an application (no. 26772/95) against the Italian Republic lodged with the Commission under former Article 25 of the Convention by an Italian national, Error! Bookmark not defined. Mr Benedetto Labita (“the applicant Error! Bookmark not defined. ”), Error! Bookmark not defined. on 10 April 1994 Error! Bookmark not defined. . The applicant Error! Bookmark not defined. alleged violations of Articles 3, 5, 6 and 8 of the Convention, of Article 2 of Protocol No. 4 to the Convention and Article 3 of Protocol No. 1.
The Commission declared the application Error! Bookmark not defined. partly admissible on 20 October 1997. In its report of 29 October 1998 (former Article 31 of the Convention), it expressed the unanimous opinion that there had been a violation of Articles 3, 5 § 3, 5 § 1 and 8 of the Convention that no separate issue arose under Article 6 § 3 of the Convention, and that there had been a violation of Article 2 of Protocol No. 4 (by twenty-one votes to seven) and Article 3 of Protocol No. 1 (by twenty-three votes to five) [1] .
On 31 March 1999 a panel of the Grand Chamber determined that the case should be decided by the Grand Chamber (Rule 100 § 1 of the Rules of Court). Mr B. Conforti, the judge elected in respect of Italy, who had taken part in the Commission's examination of the case, withdrew from sitting in the Grand Chamber (Rule 28). The Government accordingly appointed
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