Scoppola v Italy [2008] ECHR 50550/06 (10 June 2008)

The European Court of Human Rights held that there had been a violation of art 3 (prohibition of inhuman or degrading treatment) of the European Convention on Human Rights because the applicant’s conditions of detention were not appropriate to his state of health.

In the Court’s view, in circumstances such as these, the State should have either transferred the applicant to a better-equipped prison in order to avoid any risk of inhuman treatment or deferred execution of a sentence that had become tantamount to treatment contrary to art 3 of the Convention.

Detailed case note.