Darboe and Camara v. Italy (Application no. 5797/17)

FOR THESE REASONS, THE COURT, UNANIMOUSLY, 1. Decides to strike the part of the application lodged by Mr Moussa Camara out of the list of cases; 2. Declares the remainder of the application admissible; 3. Holds that there has been a violation of Article 8 of the Convention; 4. Holds that there has been a violation of Article 3 of the Convention; 5. Holds that there has been a violation of Article 13 taken in conjunction with Articles 3 and 8 of the Convention; 6. Holds, (a) that the respondent State is to pay the applicant, Mr Ousainou Darboe, within three months from the date on which the judgment becomes final in accordance with Article 44 § 2 of the Convention, the following amounts: (i) EUR 7,500 (seven thousand five hundred euros), plus any tax that may be chargeable, in respect of non-pecuniary damage; (ii) EUR 4,000 (four thousand euros), plus any tax that may be chargeable to the applicant, in respect of costs and expenses; (b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points; 7. Dismisses the remainder of the applicant’s claim for just satisfaction.