|
MINISTERS’ DEPUTIES |
Decisions |
CM/Del/Dec(2024)1501/H46-19 |
13 June 2024 |
|
1501st meeting, 11-13 June 2024 (DH)
H46-19 Sy (Application No. 11791/20) and Citraro and Molino (Application No. 50988/13) Supervision of the execution of the European Court’s judgments
Reference document |
Decisions
The Deputies
1. noting that the case of Sy concerns the detention in an ordinary prison of the applicant, suffering from a psychiatric condition, despite domestic court orders for his transfer to a psychiatric facility for the enforcement of security measures (residenza per l’esecuzione delle misure di sicurezza: “REMS”), and the delay of the authorities in carrying out the Court’s interim measure requesting his transfer to a suitable facility; and that the case of Citraro and Molino concerns the authorities’ failure to adopt the necessary measures to prevent the suicide in prison of the applicants’ son who suffered from a psychiatric condition;
As regards individual measures
2. noted the information that the applicant in Sy is currently hosted in a therapeutic community following his criminal conviction in 2023; invited the authorities to continue monitoring his situation and keep the Committee informed;
As regards the general measures in the case of Sy
3. noted with concern that no information was provided by the authorities on the issues highlighted by the Committee in its decision of June 2023;
4. noted also with concern the available information suggesting that no substantial progress was achieved on the extension of the REMS network and the reduction of the number of prisoners awaiting transfer to these facilities; highlighted that the continued detention of persons whose placement in specialised institutions has been ordered by judicial decisions risks their unlawful deprivation of liberty under the Convention;
5. strongly called on the authorities to step up their efforts and adopt the required measures, including the earmarking of appropriate funds, to increase the capacity of REMS to secure the timely placement of prisoners in these facilities; requested the authorities to provide the information and statistics as outlined in the analysis prepared by the Secretariat for the present examination;
6. urged the authorities to provide the information and assessment previously requested on the remedial action necessary, adopted or envisaged to address the violations of Articles 5 § 5 and 34 in this case;
As regards the general measures in the case of Citraro and Molino
7. noted with great concern that the measures adopted so far by the authorities have not stemmed the worrying negative trend of suicides in prison observed since 2016 which persisted in 2023 and into the beginning of 2024;
8. urged the authorities to rapidly adopt further remedial action and secure appropriate additional financial resources to enhance domestic capacity to prevent suicides in prison and to keep the Committee informed of the measures adopted and the progress achieved;
9. noted positively the announced increase of the 2024 budget for the strengthening of psychological and psychiatric health care in prison and invited the authorities to confirm the allocation of these funds and provide information on their use; noted however that in the light of the comparable increase of the costs of mental health care in prison, the impact of this measure appears limited;
10. encouraged the authorities to co-operate closely with the Secretariat and requested them to provide information on the questions of the remedy and the delayed implementation of the Court’s interim measures by 30 September 2024 and on all remaining outstanding questions as soon as available and no later than 30 April 2025, addressing also in this context the concerns expressed by civil society; decided to resume the examination of these cases at one of their Human Rights meetings in the second half of 2025.