On 12 July, the Committee of Ministers ended its supervision of the execution of the ECHR judgment in Brazzi v. Italy. The case concerns a violation of the applicant’s right to respect for his home due to the lack in the Italian legal system of prior judicial oversight or effective ex post facto review of a house search ordered by the criminal investigation authorities, unless the search had led to the seizure of property.
Following the ECHR judgment, amendments to the Code of criminal procedure were adopted in October 2022, introducing the possibility for the suspect or the person concerned by a search to apply, within 10 days from the date in which the search was carried out and even when no property was seized, for the judicial review of the lawfulness of the public prosecutor’s warrant authorising it (Article 252 bis). The legislative reform secured the additional safeguards against abuse or arbitrariness required to remedy the shortcomings highlighted by the ECHR judgment.
Final Resolution (CM/ResDH(2023)182)
