On 10 April 2025, the European Court of Human Rights (ECHR) ruled in the case of Morabito v. Italy (Application No. 4953/22), finding Italy in violation of Article 3 of the European Convention on Human Rights, which prohibits inhuman or degrading treatment or punishment.

Giuseppe Morabito is a 90-year-old individual convicted of being a leader of a mafia-type criminal organisation. The case concerned Mr Morabito’s continued imprisonment, as well as his continued placement despite his state of health under the special prison regime pursuant to section 41 bis of the Italian Penitentiary Act .

This regime is designed to prevent contact between prisoners and criminal organisations. However, despite Morabito’s advanced age and progressive cognitive decline, the regime continued for nearly 20 years.

Morabito suffers from various chronic health conditions, including prostate problems, hypertension, arthritis, and cognitive deterioration. Although he received regular medical care, the Court found that the authorities did not provide sufficient reasons for continuing his detention under such a restrictive regime. The Court ruled that, in light of Morabito’s health and age, it was unclear whether he still posed a risk or maintained contact with the criminal organisation.

The Court declared that complaints related to Morabito’s detention and placement under section 41 bis after 24 May 2023 were inadmissible, as these events occurred after the application was filed.

Regarding Morabito’s continued detention and medical treatment, the Court held unanimously that there had been no violation of Article 3. It found that the medical care he received was appropriate and that his detention, given the care provided, did not breach his rights under Article 3.

However, by six votes to one, the Court found that there had been a violation of Article 3 concerning Morabito’s continued placement under section 41 bis. The Court concluded that the extended application of this regime, without sufficient justification, amounted to inhuman and degrading treatment.

The Court held, by six votes to one, that the finding of a violation was sufficient just satisfaction for the non-pecuniary damage suffered by the applicant. No further compensation was awarded.

This judgment reinforces the importance of regularly reviewing the conditions of detention, particularly for elderly prisoners with deteriorating health, and ensuring that any restrictions imposed are justified by detailed and compelling reasons.