European rights court finds violation in Pietro Lo Sicco’s Italian mafia case
On 29 October the European Court of Human Rights found a breach of Article 7 in Lo Sicco v. Italy, application 14417/09. The case concerns the foreseeability of criminal liability for supporting a mafia organisation.
Pietro Lo Sicco, born in 1948 and living in Palermo, challenged his conviction under Italian Criminal Code provisions 416 bis and 110. He argued that aiding a mafia organisation from outside it was not foreseeably criminal when the alleged acts occurred between 1980 and 1995. He also challenged the application of Article 416 bis to 1980–1982, before that provision entered into force.
The Chamber judgment is not final. The parties have three months to request referral to the Grand Chamber. A panel of five judges decides whether the case qualifies for further examination.
His complaint also disputed the legal basis for confiscating his property. The Court found a violation of Article 7, which prohibits punishment without law. Its official announcement says that finding sufficiently compensates non-pecuniary harm; Italy must also pay €5,000 in costs and expenses.
