In the case of Niort v. Italy (Application No. 4217/23), on 27 March 2025, the European Court of Human Rights (ECtHR) examined whether Italy violated Simone Niort’s rights under Article 3 of the European Convention on Human Rights (ECHR). The applicant, who suffers from severe mental health disorders, argued that his detention in an Italian prison, where he was not provided with appropriate psychiatric care, led to the worsening of his condition and amounted to inhuman or degrading treatment. 

Background of the Case

The applicant, Simone Niort, is an Italian national born in 1997 and was detained in Sassari Prison at the time of the judgment. He has been suffering from significant mental health issues, including borderline personality disorder, antisocial personality disorder, and substance abuse, for which he has received treatment from the mental health services since childhood. He is certified as 100% disabled and receives a disability allowance. He is also a drug addict. Despite the applicant's disability, he remained detained in prison, where his mental health has been a central issue.

Niort has faced multiple criminal proceedings, resulting in convictions for serious offences including manslaughter, bodily harm, and kidnapping. In certain cases, the domestic courts acknowledged that he acted under diminished responsibility, finding his mental capacity partially impaired (vizio parziale di mente). In other instances, he was acquitted due to insanity.

Since 2016, Niort has been detained in various prisons almost continuously. On 7 June 2023, he was transferred from Cagliari Prison to Turin Prison. His mental health struggles have been evident throughout this period, with multiple suicide attempts, the latest occurring on 28 December 2022, alongside repeated self-harming and aggressive behaviours.

Reports from the prison medical service indicated that Niort received regular psychiatric support and pharmacological treatment. However, a 2019 court-appointed expert found that his mental disorder had worsened due to his incarceration. Similarly, a 2020 report from prison educators concluded that Niort's mental condition was incompatible with continued detention.

Despite these assessments, the domestic courts have rejected all of Niort’s requests for alternative measures and complaints regarding inadequate medical treatment. Notably, on 22 November 2022, the Cagliari Court for the execution of sentences (Tribunale di sorveglianza) described his current detention as “absolutely inadequate and incompatible” with his mental health and recommended his transfer to a more appropriate facility. This position was reiterated on 18 January 2023 by the judge responsible for sentence execution (magistrato di sorveglianza).

Niort alleged violations of his rights under Articles 3 and 8 of the European Convention on Human Rights (ECHR), arguing that his mental health is incompatible with prison detention and that he is not receiving appropriate treatment. He further claimed a violation of Article 5.1, asserting that his continued detention lacks a lawful basis given his inability to understand the aims of the penalty, and a violation of Article 5.5, citing the absence of compensation for his allegedly unlawful detention. Additionally, Niort argues under Article 6 that the non-execution of the decisions to transfer him to a more suitable facility constitutes a denial of his rights.

Violation of Article 3

Article 3 of the ECHR states:
"No one shall be subjected to torture or to inhuman or degrading treatment or punishment."

This provision plays a fundamental role in protecting human dignity. It prohibits any treatment that lowers a person’s dignity and ensures that no one is exposed to inhuman or degrading treatment in any circumstances, including during detention. For prisoners, this includes ensuring that their basic needs, such as mental and physical health, are properly cared for, especially if they are vulnerable.

In this case, Niort’s health problems were made worse by his prison environment. The ECtHR had to assess whether the conditions of his detention, given his severe mental health issues, violated Article 3. The ECtHR has consistently emphasised that prisoners with mental health disorders have specific rights under Article 3, which require states to ensure that conditions do not make their condition worse or cause further harm. This includes providing appropriate medical care and ensuring that prison conditions suit individuals with specific health needs.

In Niort’s case, the ECtHR found that Italy had failed to meet these obligations. Despite multiple reports showing that his mental health was worsening in prison, he was not transferred to a specialised psychiatric facility. The ECtHR concluded that this lack of adequate care amounted to inhuman and degrading treatment under Article 3.

International Standards on Mental Health Care in Detention

The Committee for the Prevention of Torture (CPT), as part of the Council of Europe, has long emphasised the need for appropriate care for prisoners with mental health issues. According to the CPT’s standards, prisoners suffering from severe mental health conditions should be transferred to suitable medical environments, such as civil psychiatric hospitals or specialised psychiatric units within the prison system. This ensures that their mental health needs are met and their condition does not worsen due to inadequate treatment. The CPT stresses that prison conditions should be adapted to the specific needs of vulnerable detainees, ensuring that their care is in line with the medical standards found in the community. In Niort v. Italy, the ECtHR’s ruling reflected these guidelines, finding that Italy failed to provide Niort with the necessary psychiatric care in prison, and that his mental health condition should have been treated in a more appropriate facility.

Court’s Ruling and Compensation

The ECtHR examined whether Italy violated Article 3 by not ensuring adequate medical care for Simone Niort, whose mental health was deteriorating in prison. It found that despite multiple medical reports showing Niort's worsening condition, Italy had failed to provide the required psychiatric care and did not transfer him to a specialised psychiatric facility, which would have been more suitable for his needs.

The ECtHR emphasised that states have a responsibility to provide care in line with human dignity, especially for vulnerable detainees like those with mental health disorders. In this case, “Italy's failure to act quickly and move Niort to a more suitable medical facility, even though there was clear evidence his health was getting worse, was found to be a violation of Article 3.” The ECtHR further noted that mental health care in prison should be of a level comparable to that available in public health services, as per the standards set by the Committee for the Prevention of Torture (CPT).

For these reasons, the ECtHR, unanimously, rejects the Government's unilateral declaration. It declares the complaints under Articles 3 and 8 ECHR admissible for the period following 17 March 2017, but inadmissible for the remainder. It also declares the complaints under Article 5.1 and 5.5 ECHR inadmissible, while the complaint under Article 6.1 is admissible. The Court finds that there has been a violation of Articles 3 and 6.1 ECHR. However, it concludes that no separate issue arises under Article 8 ECHR. The Court also holds that there has been a failure to comply with Article 38 ECHR, as the Government has not submitted the documents and information requested by the ECtHR.

The ECtHR orders that the respondent State is to pay the applicant, within three months from the date on which the judgment becomes final in accordance with Article 44.2 ECHR, the following amounts: 9,000 Euros, plus any applicable taxes, for non-pecuniary damage; and 8,000 Euros, plus any applicable taxes, for costs and expenses, to be paid directly to the applicant's representatives.

The ECtHR rejects the remainder of the claim for just satisfaction.

Conclusion

The case of Niort v. Italy highlights the important role of Article 3 ECHR in protecting the rights and dignity of individuals in detention, particularly those with mental health issues. The Court’s decision highlights that states must act quickly to ensure that their prison systems are equipped to care for vulnerable detainees, especially those with severe mental health problems. This case serves as a reminder that when detention is incompatible with an individual’s health needs, authorities must provide alternative care and ensure the conditions do not make things worse.

In Italy’s case, the failure to ensure proper care for Niort’s mental health demonstrates the need for improvements in the country’s prison healthcare system, ensuring that the rights of vulnerable detainees are respected and protected. The ruling underscores the necessity for systemic changes to better address the needs of mentally ill prisoners and prevent similar violations in the future.