THAT’warning from the commissioner issued as part of the process stalking prevention, and adopted without contradictionaffecting the family life and personal social life of the defendant. There European Court of Justice human rights have Italy cursed to haveviolates Article 8 of the Convention which guarantees the right to respect private life and for having taken police action against a person, without first hearing his reasons and placing him in a position to participate in decisions regarding the action taken against him, in order to defend his interests.
The right to be heard
The warning against acts of persecution, adopted by the Rome Police Commissioner in 2015, ended up before Judge Euro. In accepting requests from recipients of good fortune, then Strasbourg judge they stated that the man “was not listened to by the police commissioner before he took such action and as a result he had no opportunity to put forward arguments in support of his position”. The court also noted that the warning note did not indicate circumstances that warranted such action is an urgent action.
According to the ECtHR, from the documents “it does not appear that the commissioner justified his decision” and that prefect, TAR and Stat Councilor have not carried out an independent examination of the whereabouts of a imminent risk or other reasons that justify the reduction of the human right to be heard. Regarding the statement stating “the reasons for urgency clearly emerge from the action in question, in the section referred to in cProven abusive behavioradopted repeatedly and persistently by mankind”, the Court believed that the warning was very general and was not based on any factual element that could support it. Further, the Court observed «that the warning is notified almost two months later the victim’s appeal to the police commissioner, and the notification taking more than three weeks, was sufficient deny arguments of national authorities and Governments regarding the urgency of the action».
Previously
The European Court of Human Rights also expressed its opinion on the topic in 2023, and on that occasion also underlined that actions that impact human rights must be subject to some form of action. adversarial process before an independent body authorized to review the reasons for the decision and relevant evidence. The recipient must be able to challenge the demands of the authorities, because in the absence of such guarantees, the police or state institutions may arbitrarily violate the rights protected by the Convention.
However, the decision is a reassurance, which has been the target of criticism from legal practitioners the risk – considering the sensitivity of the issue and the need to take timely preventive measures – to take a step back fighting gender violence. Relentless violence.
