The European Court of Human Rights (ECHR) recently determined that Italy did not infringe upon the rights of an HIV-positive individual, potentially suffering from AIDS, by detaining him in a general prison facility during the COVID-19 pandemic. This decision holds significant implications for the interpretation of detainee rights under the European Convention on Human Rights.
The applicant, born in 1997 and residing in Varese, Italy, had previously been convicted of several offenses, including theft, fraud, drug-related crimes, unauthorized possession of weapons, forgery, and tax evasion. Initially placed under house arrest due to his health conditions, which included cognitive and mobility impairments, he was later moved to a reception facility. However, he escaped multiple times and, following an incident involving a woman and child, was incarcerated in Milan San Vittore prison.
In March 2020, the applicant sought urgent house arrest relocation, citing health concerns and fears of contracting COVID-19. His request was denied by the general court due to inadequate accommodation alternatives. In July 2020, following a new request and evidence of suitable accommodations, his request was eventually approved.
The applicant subsequently appealed to the ECHR, alleging that his detention violated Article 2 (right to life) and Article 3 (protection against degrading treatment) of the European Convention on Human Rights. The court, however, found no breach of these convention rights. It noted that the detainee had received appropriate medical monitoring, antiretroviral treatment, and specialist examinations. Moreover, the ECHR emphasized that the convention does not impose a general requirement to release detainees suffering from severe illnesses.
In this case, the court ruled that the applicant’s health had not deteriorated to an extent warranting his release and that his detention did not pose a significantly increased risk of contracting COVID-19. For a more detailed account, visit JURIST – News.