CEDH · CASELAW;COMMUNICATEDCASES;ENG — 5 mai 2021

.s800EAC49 { font-size:12pt } .s379BC09C { margin-top:36pt; margin-bottom:0pt; text-align:right } .sBB9EE52A { font-family:Arial } .s10950C61 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s339D85E6 { margin-top:0pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s665E407E { margin-top:66pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s29100277 { font-family:Arial; font-weight:bold } .s7B89469B { margin-top:0pt; margin-bottom:0pt; text-indent:7.1pt; text-align:justify } .sA36B60A1 { font-family:Arial; font-style:italic } Published on 25 May 2021   FIRST SECTION Application no. 17222/20 Salvatore FAIA against Italy lodged on 17 April 2020 communicated on 5 May 2021 SUBJECT MATTER OF THE CASE The application concerns the alleged incompatibility of the applicant’s medical condition and serious disability with detention in the Parma correctional facility. In addition to being affected by total blindness, the applicant, among other issues, suffers from hepatomegaly with fibro-steatosis, type 2 diabetes mellitus, dyslipidaemia and several cardiac problems. After a heart attack in 2015, his cardiac situation was stabilised through treatment, but he remains at high risk of suffering further vascular diseases. The applicant further complains that the measures put in place by the authorities to protect him from the risk of contracting Covid-19 were inadequate. He invokes Article 3 of the Convention. QUESTIONS TO THE PARTIES 1.     Has the applicant exhausted all effective domestic remedies, as required by Article 35 § 1 of the Convention (see, for instance, Neshkov and Others v. Bulgaria , nos. 36925/10 and 5 others, § 183, 27 January 2015, and Longin v. Croatia , no. 49268/10, § 41, 6 November 2012)?   2.     Having regard to the conclusions of the latest medical report, according to which the applicant’s overall condition, especially his total blindness, is incompatible with detention in the Parma correctional facility, and to the restrictions imposed due to the need to prevent the spread of Covid-19, including social isolation, is the applicant’s detention in breach of Article 3 of the Convention ( Shchebetov v. Russia , no.   21731/02, §   71, 10   April 2012; Engel v. Hungary , no. 46857/06, §§ 27 and 30, 20   May 2010; and Potoroc v. Romania , no. 37772/17, § 77, 2 June 2020)?