Compensatory Remedies and Forfeiture: Commentary on Judgment No. 18819 of 2023

The recent judgment No. 18819 of 2023 by the Court of Cassation, filed on May 4, 2023, has garnered interest among legal professionals for its implications regarding claims for compensation for violations of Article 3 of the European Convention on Human Rights (ECHR). Specifically, the Court addressed the issue of late compensation claims filed by detainees, highlighting the time limits set by current legislation.

Regulatory Framework

The central issue of the judgment concerns the application of Article 35-ter of the prison regulations, which establishes compensatory remedies for detainees who have suffered inhuman or degrading treatment. The Court clarified that, for compensation claims made under this article, it is essential to adhere to a forfeiture period of six months from the entry into force of Legislative Decree No. 92 of 2014.

• The rule stipulates that the period commences from the publication of the decree, not from the end of the served sentence.
• Compensation claims relating to periods of sentence served before the decree's entry into force are therefore inadmissible if filed after the established deadline.
• This principle also applies in cases of violations already ascertained by the competent authority.

Analysis of the Judgment

01 President: PISTORELLI LUCA. Rapporteur: DE MARZO GIUSEPPE. Rapporteur: DE MARZO GIUSEPPE. Defendant: GIARDIELLO CARLO. (Partial Dissent) Rejects, TRIBUNAL OF SUPERVISION PALERMO, 26/10/2022 563000 INSTITUTIONS FOR PREVENTION AND PUNISHMENT (PRISON REGULATIONS) - Compensatory remedy following violation of Art. 3 ECHR pursuant to Art. 35-ter prison regulations - Sentence served at the time of the entry into force of Legislative Decree No. 92 of 2014 - Lateness of the claim - Configurability - Six-month forfeiture period - Identification. In matters of compensatory remedies following the violation of Art. 3 ECHR against detainees or inmates, a compensation claim filed, pursuant to Art. 35-ter prison regulations, is inadmissible due to lateness when six months have passed since the entry into force of Legislative Decree of June 26, 2014, No. 92, if it refers to periods of sentence served prior to the decree's entry into force.

In this judgment, the Court rejected the compensation claim filed by a detainee, grounding its decision on the lateness of the claim. The Court emphasized that, according to current legislation, the six-month forfeiture period is absolute and admits no exceptions. This aspect is crucial for ensuring certainty and stability within the prison system and in the treatment of detainees.

Conclusions

Judgment No. 18819 of 2023 represents an important affirmation of the principle of legality and legal certainty, highlighting the importance of respecting the deadlines set by law for filing compensation claims. Legal professionals must pay close attention to these details, as knowledge of deadlines and formal requirements is essential to ensure the effectiveness of compensation claims within the prison context. The protection of detainees' rights is fundamental, but it must always be balanced with the need for a clear and predictable legal order.