SECOND SECTION

DECISION

AS TO THE ADMISSIBILITY OF

Application no. 42353/98

by Vincenzo LOMBARDO against Italy

The European Court of Human Rights ( Second Section) sitting on 15 June 1999 as a Chamber composed of

Mr C. Rozakis , President ,

Mr M. Fischbach ,

Mr B. Conforti ,

Mr G. Bonello ,

Mrs V. Strážnická ,

Mr P. Lorenzen

Mrs M. Tsatsa-Nikolovska , Judges ,

with Mr E. Fribergh, Section Registrar ;

Having regard to Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms;

Having regard to the application introduced on 1 June 1998 by Vincenzo Lombardo against Italy and registered on 22 July 1998 under file no. 42353/98;

Having regard to the report provided for in Rule 49 of the Rules of Court;

Having regard to the observations submitted by the respondent Government on 12 January 1999 and the observations in reply submitted by the applicant on 2 February 1999;

Having deliberated;

Decides as follows:

THE FACTS

The applicant is an Italian national, born in 1924 and living in Reggio Calabria .

He is represented before the Court by Mr Domenico Callea , a lawyer practising in Reggio Calabria .

The facts of the present case, as submitted by the parties, may be summarised as follows.     

On 30 November 1991 the applicant was committed for trial before the Magistrate's Court of Reggio Calabria , charged with infringing the town-planning regulations and with entering into premises which had been sealed by the police ( violazione di sigilli ).

   On 18 February 1992 the applicant was found guilty of both charges. In respect of the first charge he was given a suspended sentence of one month and ten days' imprisonment ( arresto ) and a fine of 10,500,000 Italian lira. In respect of the second charge he was given a suspended sentence of four months' imprisonment ( reclusione ) and a fine of 200,000 lira. The judgment was filed with the registry on 3 March 1992.

On 2 April 1992 the applicant filed an appeal with the Reggio Calabria Court of Appeal.

On 3 November 1997 the court set the date for the trial at 23 December 1997. On the latter date the Reggio Calabria Court of Appeal ruled that the proceedings against the applicant be discontinued as being time-barred.

The judgment was filed with the court registry on 30 December 1997 and became final, at the latest, on 6 February 1998.

COMPLAINT

The applicant complains, under Article 6 § 1 of the Convention, about the length of the criminal proceedings brought against him.

PROCEDURE

On 22 October 1998, the European Commission of Human Rights decided to give notice of the application to the respondent Government, and invited them to submit their observations on its admissibility and merits.

On 1 November 1998, by operation of Article 5 § 2 of Protocol No. 11 to the Convention, the case fell to be examined by the Court in accordance with the provisions of that Protocol.

The Government submitted their observations on 12 January 1999, to which the applicant replied on 2 February 1999.

THE LAW

The applicant’s complaint relates to the length of the proceedings. These proceedings began on 30 November 1991, when the applicant was committed for trial before the Magistrate's Court of Reggio Calabria and ended on 6 February 1998, when the Reggio Calabria Court of Appeal's decision that the proceedings be discontinued became final.

According to the applicant, the length of the proceedings – a period of over 6 years and 2 months – is in breach of the “reasonable time” requirement laid down in Article 6 § 1 of the Convention. The Government refute the allegation.

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