SECOND SECTION

DECISION

AS TO THE ADMISSIBILITY OF

Application no. 43536/98 by Stefano SCHIAPPACASSE against Italy

The European Court of Human Rights ( Second Section ) sitting on 9 December 1999 as a Chamber composed of

Mr C. Rozakis, President , Mr M. Fischbach, Mr B. Conforti, Mr G. Bonello, Mrs V. Strážnická, Mrs M. Tsatsa-Nikolovska, Mr E. Levits, Judges ,

and Mr E. Fribergh, Section Registrar ;

Having regard to the application introduced on 11 September 1998 and registered on 22 September 1998;

Having deliberated;

Decides as follows:

THE FACTS

The applicant is an Italian national, born in 1961 and currently residing in Turin. He is an officer in the Italian Army. Before the Court he is represented by Mr Marco Valerio Santonocito , a lawyer practising in Rome.

On 7 August 1990 Mr G.B. filed a criminal complaint against the applicant, stating that the latter, in his capacity as officer, had forced two recruits to give him money. On 20 August 1990, however, Mr G.B. withdrew his complaint, considering that the recruits’ version was not credible. In an order of 25 May 1992, the investigating judge committed the applicant for trial, commencing on 13 May 1993 before the Cosenza District Court on a charge of extortion. A number of hearings took place until 17 September 1996, on which date the two recruits were examined by the District Court. On 18 December 1997 and 5 February 1998, Mr G.B. and three other witnesses were examined.

In a judgment of 5 February 1998, filed with the Registry on 25 February 1998, the Cosenza District Court acquitted the applicant. This judgment became final on 19 April 1998.

THE LAW

The applicant’s complaint relates to the length of the proceedings in question. These proceedings began on 25 May 1992 and ended on 19 April 1998 .

According to the applicant, the overall duration of the proceedings - a period of five years, ten months and twenty-five days - is in breach of the "reasonable time" requirement laid down in Article 6 § 1 of the Convention. The Government disputed this claim.

The Court considers, in the light of the criteria established in its case-law 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 an examination of the merits of this complaint is required.

For these reasons, unanimously, the Court

DECLARES THE APPLICATION ADMISSIBLE , without prejudging the merits              of the case.

Erik Fribergh Christos Rozakis

Registrar President