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PALERMITI v. ITALY

Doc ref: 22421/93 • ECHR ID: 001-2266

Document date: September 6, 1995

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

Doc ref: 22421/93 • ECHR ID: 001-2266

Document date: September 6, 1995

Cited paragraphs only

SUR LA RECEVABILITÉ

Application No. 22421/93

by Annunziata PALERMITI

against Italy

The European Commission of Human Rights (First Chamber) sitting

in private on 6 September 1995, the following members being present:

Mr. C.L. ROZAKIS, President

Mrs. J. LIDDY

MM. E. BUSUTTIL

A.S. GÖZÜBÜYÜK

A. WEITZEL

M.P. PELLONPÄÄ

G.B. REFFI

B. CONFORTI

N. BRATZA

I. BÉKÉS

E. KONSTANTINOV

G. RESS

A. PERENIC

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 18 May 1993 by

Annunziata PALERMITI against Italy and registered on 5 August 1993

under file No. 22421/93 ;

Having regard to the report provided for in Rule 47 of the Rules

of Procedure of the Commission;

Having deliberated;

Decides as follows:

THE FACTS

The applicant is an Italian national born in 1925 and currently

residing in Reggio Calabria. Before the Commission, she is represented

by Mr Domenico Callea, a lawyer practising in Reggio Calabria.

The facts of the case, as they have been submitted by the

parties, may be summarised as follows.

By act ("ordine di comparizione") of 22 October 1987, notified

on 30 October 1987, the applicant was summoned to appear before the

Public Prosecutor of Reggio Calabria on 16 November 1987, in order to

be interrogated. She was charged with unauthorized building and

unlawful removal of official seals ("violazione di sigilli").

These proceedings were connected with a previous set of criminal

proceedings instituted against the applicant on similar charges and

which came to an end by judgment of 8 July 1986 with the applicant's

conviction by the Reggio Calabria magistrate ("Pretore").

On 16 November 1987, the applicant was interrogated by the Public

Prosecutor in her counsel's presence.

On 1 October 1988, the Public Prosecutor requested that the

applicant be committed for trial on charges of unauthorized building

and unlawful removal of official seals.

By judgment of 7 February 1994, the Reggio Calabria Court

dismissed the first charge as time-barred and the second following an

amnesty.

COMPLAINTS

The applicant alleges that the length of the criminal proceedings

instituted against her on charges of unauthorized building and unlawful

removal of official seals exceeded the "reasonable time" referred to

in Article 6 para. 1 of the Convention.

THE LAW

The applicant complains under Article 6 para. 1 (Art. 6-1) of the

Convention about the length of the criminal proceedings against her.

Article 6 para. 1 (Art. 6-1), in so far as relevant, provides 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 Government invoke the difficult situation faced by the Reggio

Calabria Court as a result of the exceptional backlog of cases, as well

as the lack of sufficient staff to deal with such a situation; in these

circumstances, they maintain that the overall duration of the

proceedings of over six years cannot be regarded as being unreasonable.

Referring to the case-law of the Convention organs, the applicant

contends that it is for the Italian Government to organise their legal

system so as to comply with the requirements of Article 6 para. 1

(Art. 6-1).

The Commission considers, in the light of the criteria

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

"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.

For these reasons, the Commission, unanimously,

DECLARES THE APPLICATION ADMISSIBLE,

without prejudging the merits of the case.

Secretary to the First Chamber President of the First Chamber

(M.F. BUQUICCHIO) (C.L. ROZAKIS)

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