CEDH · CASELAW;COMMUNICATEDCASES;ENG — 9 janvier 2024

.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 } .sA36B60A1 { font-family:Arial; font-style:italic } .s43A123AA { margin-top:42pt; margin-bottom:0pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .sA1D3DA2E { margin-top:0pt; margin-bottom:0pt; text-align:justify } Published on 29 January 2024   FIRST SECTION Application no. 19340/19 Saverio DE CANDIA against Italy lodged on 2 April 2019 communicated on 9 January 2024 SUBJECT MATTER OF THE CASE The application concerns the refusal of domestic authorities to allow the applicant, who was under house arrest, to attend his father’s funeral. On 26 December 2018 the applicant lodged before the preliminary investigation judge ( giudice per le indagini preliminari – “the GIP”) of the Bari District Court a request for leave to attend his father’s funeral. He submitted the order of 7 December 2018 whereby the GIP had authorised him to visit his father, at that time terminally ill, as well as a declaration of 26   December 2018 whereby the priest officiating the funeral stated that the ceremony would take place the next day at 4 pm. On 27 December 2018 the GIP rejected the applicant’s request for failure to submit a family status certificate. The applicant complains under Article 8 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?   2.     Was the refusal to allow the applicant exceptional leave from house arrest to attend his father’s funeral compatible with his right to respect for his private and family life guaranteed by Article 8 of the Convention (see Vetsev v.   Bulgaria , no. 54558/15, §§ 21-25, 2 May 2019; Feldman v.   Ukraine (no.   2) , no. 42921/09, §§ 33-35, 12 January 2012; and Płoski v.   Poland , no.   26761/95, §§ 35–39, 12 November 2002)?