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BERTELLI v. ITALY

Doc ref: 27584/95 • ECHR ID: 001-4193

Document date: April 16, 1998

Inbound citations: 1
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Cited paragraphs: 0
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BERTELLI v. ITALY

Doc ref: 27584/95 • ECHR ID: 001-4193

Document date: April 16, 1998

Cited paragraphs only

AS TO THE ADMISSIBILITY OF

Application No. 27584/95

by Renzo BERTELLI

against Italy

The European Commission of Human Rights (First Chamber) sitting

in private on 16 April 1998, the following members being present:

MM M.P. PELLONPÄÄ, President

N. BRATZA

A. WEITZEL

C.L. ROZAKIS

Mrs J. LIDDY

MM L. LOUCAIDES

B. MARXER

I. BÉKÉS

G. RESS

A. PERENIC

C. BÎRSAN

K. HERNDL

Mrs M. HION

Mr R. NICOLINI

Mrs M.F. BUQUICCHIO, Secretary to the Chamber

Having regard to Article 25 of the Convention for the Protection

of Human Rights and Fundamental Freedoms;

Having regard to the application introduced on 6 March 1995 by

Renzo BERTELLI against Italy and registered on 12 June 1995 under file

No. 27584/95;

Having regard to:

- the reports provided for in Rule 47 of the Rules of Procedure of

the Commission;

- the observations submitted by the respondent Government on

7 October 1997 and the observations in reply submitted by the

applicant on 27 November 1997;

Having deliberated;

Decides as follows:

THE FACTS

The applicant is an Italian national, born in 1937 and residing

in Trecenta (Rovigo). Before the Commission, he is represented by

Mr Mario Bacchiega, a lawyer practising in Rovigo.

The facts of the case, as submitted by the parties, may be

summarised as follows.

On 16 June 1982 the applicant was arrested pursuant to a warrant

of arrest issued by the Venezia Public Prosecutor on charges inter alia

of belonging to a criminal organization and fraud.

On 5 July 1982 the case was sent before the Venezia Investigating

Judge.

On 31 August 1982 the applicant was released.

On 12 September 1986 the applicant was committed for trial before

the Venezia Court together with five coaccused.

By a judgment of 30 November 1988, the Venezia Court declared its

lack of jurisdiction and sent the case before the Piacenza Court.

By a judgment of 23 September 1994, filed with the Registry on

29 September 1994, the Piacenza Court dropped the charges against three

coaccused and acquitted the applicant and the other two coaccused. The

judgment became final on 8 November 1994.

On 29 February 1996 the applicant filed an application with the

Court of Appeal of Bologna seeking compensation for his unfair

detention. The application was dismissed on 9 December 1996.

On 11 June 1997 the Court of Cassation declared inadmissible the

appeal filed by the applicant against the above-mentioned decision of

9 December 1996.

COMPLAINT

The applicant complains about the length of the criminal

proceedings instituted against him.

PROCEEDINGS BEFORE THE COMMISSION

The application was introduced on 6 March 1995 and registered on

12 June 1995.

On 21 May 1997 the Commission decided to communicate the

application.

The Government's written observations were submitted on 7 October

1997. The applicant replied on 27 November 1997.

THE LAW

The applicant complains about the length of the criminal

proceedings instituted against him. He alleges a violation of Article 6

para. 1 (Art. 6-1) of the Convention which insofar as relevant reads

as follows:

"In the determination of ... any criminal charge against him,

everyone is entitled to a ... hearing within a reasonable time by a ...

tribunal ..."

The Commission observes that the proceedings at issue began on

16 June 1982 when a warrant of arrest against the applicant was issued

and executed and ended on 8 November 1994 when the applicant's

acquittal from all charges became final. The overall length of the

proceeding is thus about twelve years and five months.

The respondent Government do not submit any justification as to

the length of the proceedings. The applicant submits that it was

excessive.

The Commission considers, in the light of the criteria

established by the case-law of the Convention organs on the question

of the "reasonable time" (the complexity of the case; the applicant's

conduct and that of the competent authorities), and having regard to

all the information in its possession, that a thorough examination of

this complaint is required both as to the law and as to the facts. No

other ground for declaring it inadmissible has been established.

For these reasons, the Commission, unanimously,

DECLARES THE APPLICATION ADMISSIBLE, without prejudging the

merits of the case.

M.F. BUQUICCHIO M.P. PELLONPÄÄ

Secretary President

to the First Chamber of the First Chamber

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