The Italian justice system has not provided answers. Now the family of Carmine Puccinelli, who died at just 14 years old from a tumor that was never diagnosed in time, is turning to the European Court of Human Rights. The appeal - over 4.000 pages of documents and attachments - was officially filed today in Strasbourg, with the aim of obtaining what has been denied in Italy so far: a fair trial, full reconstruction of medical responsibilities and compensation that recognizes the pain and wrong suffered.
The family is represented by Studio Associati Maior, with lawyers Michele Francesco Sorrentino, Pierlorenzo Catalan and Filippo Castaldo, supported by the medical examiner Marcello Lorello. The appeal challenges the decision to archive the criminal proceedings initiated following Carmine's death: according to the family, the diagnosis was omitted by several professionals, but only one of them was held responsible, while the others were excluded from any form of judgment despite the serious diagnostic and therapeutic shortcomings.
The complaint to the Strasbourg Court accuses the Italian State of violating Articles 2, 6, and 13 of the European Convention on Human Rights, relating to the right to life, a fair trial, and an effective remedy. The lawyers emphasize that the case was dismissed by a judge lacking the territorial jurisdiction required by law, violating the principle of "natural tribunal." This anomaly is compounded by the Prosecutor's Office's decision to rely solely on favorable expert opinions, excluding a serious cross-examination and precluding any possibility of appeal to the Supreme Court of Cassation.
"Carmine's death cannot go unjustified ," the lawyers state. "If a fair trial was not possible in Italy, Strasbourg will have to guarantee it." Studio Maior is seeking not only compensation for the lack of judicial protection, but also broader measures, including the possible reopening of the criminal proceedings, so that a life cut short at age 14 isn't dismissed twice: by the courts and by the collective conscience.
The situation of Carmine and his family is truly sad. It seems that justice in Italy does not work as it should, and the fact that they now have to turn to Strasbourg is a sign that something is wrong. Let's hope for a resolution.