The case concerns a journalist who formally requested authorization to access the Corradino Correctional Facility (prison) and the administrative immigration detention centers to investigate and report on various allegations of mistreatment, torture, inhuman and degrading treatment in relation to migrants and/or prisoners. Despite his repeated requests, some of which were submitted after COVID-19 restrictions were removed and after access was granted to other selected social media influencers, the authorities denied entry.

In response to the court application, the authorities replied, amongst other things, that in order for the applicant to exercise his right to freedom of expression there was no need for physical access to the detention centers, and that any information he is looking for is already available in the public domain.

The court held that there was no doubt that what happens in institutions such as immigration detention centers and how they are managed is of public interest and that the ECtHR considers investigations in such institutions as protected under Article 10 of the ECHR. The court considered that the reasons for refusing access were dictated by personal arbitrariness, and any limitation to the freedom of expression should be regulated by common sense and reason. The court held that the applicant’s right to freedom of expression in terms of Article 10 and 14 of the ECHR was violated. The court ordered the Head of the Detention Centers and the Director of Prisons to grant access to the applicant so that he may visit the premises, and be allowed to take photos (respecting the privacy of detained persons and inmates).

The authorities may still lodge an appeal against this judgment.