The applicant, a Tunisian national, arrived in Italy on 4 November 2020. A refusal of entry was ordered against him and he was placed in detention, where he remained without a hearing for a month due to COVID-19 restrictions and although he declared that he was a minor. Following age assessment, he was released and brought to a reception centre. The applicant complained that his mobile phone was confiscated in Rome and he was unable to communicate with family members and with a legal counsel.

In this case the court held that the restriction of access to an applicant's mobile phone constitutes a limitation of the right to freedom of communication and it has no basis in the Italian Constitution. The limitation of communications with the outside world, which results from the impossibility of accessing the mobile phone, constitutes also a violation of the detainee's right to access legal safeguads. The Court ordered the Prefecture, the Milan Police Headquarters (questura) and the centre's managing authorithy to allow the applicant to use his mobile phone as provided by Article 7 of the Return Centres Regulation (Ministerial Regulation October 20, 2014) for organising visits inside the center, based on daily shifts, in respect of privacy and for a sufficient timeframe (at least 2 hours).