FIRST SECTION
CASE OF CASSONE v. ITALY
(Application no. 7781/09)
 
 
 
 
 
 
JUDGMENT
 
STRASBOURG
10 July 2025
 
This judgment is final but it may be subject to editorial revision. In the case of Cassone v. Italy,
The European Court of Human Rights (First Section), sitting as a Committee composed of:
 Frédéric Krenc, President,
 Raffaele Sabato,
 Alain Chablais, judges,
and Liv Tigerstedt, Deputy Section Registrar,
Having regard to:
the application (no. 7781/09) against the Italian Republic lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) on 26 January 2006 by an Italian national, Mr Rocco Cassone (“the applicant”), who was born in 1957, lives in Reggio Calabria and was represented by Mr F. Calabrese, a lawyer practising in Reggio Calabria;
the decision to give notice of the complaint under Article 6 § 1 of the Convention concerning the lack of a public hearing to the Italian Government (“the Government”), represented by their Agent, Mr L. D’Ascia, and to declare the remainder of the application inadmissible;
the observations submitted by the Government;
Having deliberated in private on 19 June 2025,
Delivers the following judgment, which was adopted on that date:
SUBJECT MATTER OF THE CASE
1. In two separate sets of criminal proceedings, the applicant was convicted of participation in a mafia-type organisation and extortion. The convictions became final in 2002 and 2003, respectively. 2. On 8 February 2006 the public prosecutor attached to the Reggio Calabria District Court requested the application of preventive measures in respect of the applicant, namely that he be placed under special police supervision (sorveglianza speciale di pubblica sicurezza) and that a compulsory residence order (obbligo di soggiorno) to stay in the municipality of his residence be imposed on him. The public prosecutor further requested the confiscation, as a preventive measure, of certain assets directly or indirectly at the applicant’s disposal. 3. On 26 June 2006 the District Court granted the request observing that, in the light of his convictions, the applicant posed a current danger to society, and disposed of assets disproportionate to his lawful income, for which he had failed to prove the lawful origin. The District Court sat in camera, pursuant to Section 4 of Law no. 1423 of 1956. 4. The applicant lodged an appeal. On 13 July 2007, after four hearings sitting in camera, the Reggio Calabria Court of Appeal upheld the lower court’s decision. 5. By judgment no. 41213 of 2 October 2008, filed with the registry on 5 November 2008, the Court of Cassation dismissed the applicant’s appeal on points of law. The decision applying the preventive measures in respect of the applicant and his property became final. 6. The applicant complained of a violation of Article 6 § 1 of the Convention for the lack of a public hearing in the proceedings before the District Court and the Court of Appeal.

Outcome for Article 6: violation