ENEA v. ITALY - 74912/01

Jean-Paul Costa, President, Nicolas Bratza, Françoise Tulkens, Josep Casadevall, Nina Vajić, Anatoly Kovler, Vladimiro Zagrebelsky, Alvina Gyulumyan, Renate Jaeger, Sverre Erik Jebens, Danutė Jočienė, Ján Šikuta, Dragoljub Popović, Giorgio Malinverni, Ledi Bianku, Ann Power, Işıl Karakaş, judges, and Vincent Berger , Jurisconsult ,

The case originated in an application (no. 74912/01) against the Italian Republic lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by an Italian national, Mr Salvatore Enea (“the applicant”), on 31 August 2000.

The applicant alleged, in particular, that his state of health was incompatible with the special prison regime to which he had been subjected, that the regime in question had breached his right to respect for his family life and his correspondence and that his right to a court in order to challenge the extension of that regime had not been secured to him.

The composition of the Grand Chamber was determined according to the provisions of Article 27 §§ 2 and 3 of the Convention and Rule 24 of the Rules of Court. At the final deliberations, Ján Šikuta, substitute judge, replaced Christos Rozakis, who was unable to take part in the further consideration of the case (Rule 24 § 3).

The applicant and the Government each filed a memorial on the merits. In addition, third-party comments were received from the Slovakian Government, which had been granted leave by the President to intervene in the written procedure (Article 36 § 2 of the Convention and Rule 44 § 2).