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CASE OF LELLI v. ITALY

Doc ref: 28721/95 • ECHR ID: 001-107

Document date: August 5, 1997

Inbound citations: 1
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Cited paragraphs: 0
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CASE OF LELLI v. ITALY

Doc ref: 28721/95 • ECHR ID: 001-107

Document date: August 5, 1997

Cited paragraphs only

In the case of Lelli v. Italy (1),

The Screening Panel of the European Court of Human Rights,

constituted in accordance with Article 48 para. 2 (art. 48-2) of the

Convention for the Protection of Human Rights and Fundamental Freedoms

("the Convention") and Rule 26 of Rules of Court B (2),

_______________

Notes by the Registrar

1. The case is numbered 1/1997/785/986. The first number is the

case's position on the list of cases referred to the Court in the

relevant year (second number). The last two numbers indicate the

case's position on the list of cases referred to the Court since its

creation and on the list of the corresponding originating applications

to the Commission.

2. Rules of Court B, which came into force on 2 October 1994, apply

to all cases concerning the States bound by Protocol No. 9 (P9).

________________

Sitting in private at Strasbourg on 20 March and 25 June 1997,

and composed of the following judges:

Mr A. Spielmann, Chairman,

Mr C. Russo,

Mr J. De Meyer,

and also of Mr H. Petzold, Registrar,

Having regard to the application against the Italian Republic

lodged with the Court on 6 January 1997 by three Italian nationals,

Mr Giovanni Lelli, Mrs Lucia Lelli and Mrs Licia Lelli, within the

three-month period laid down by Article 32 para. 1 and Article 47 of

the Convention (art. 32-1, art. 47);

Whereas Italy has recognised the compulsory jurisdiction of the

Court (Article 46 of the Convention (art. 46)) and ratified

Protocol No. 9 to the Convention (P9), Article 5 (P9-5) of which amends

Article 48 of the Convention (art. 48) so as to enable a person,

non-governmental organisation or group of individuals having lodged a

complaint with the European Commission of Human Rights

("the Commission") to refer the case to the Court;

Noting that the present case has not been referred to the Court

by either the Government of the respondent State or the Commission

under Article 48 para. 1 (a) or (d) of the Convention (art. 48-1-a,

art. 48-1-d);

Having regard to the Commission's report of 10 September 1996 on

the application (no. 28721/95) lodged with the Commission by the

applicants on 15 October 1993;

Whereas the applicants complained of the length of

criminal proceedings, which they had joined as civil parties, followed

by civil proceedings in the Italian courts, and alleged a breach of

Article 6 para. 1 of the Convention (art. 6-1), under which "In the

determination of his civil rights and obligations ..., everyone is

entitled to a ... hearing within a reasonable time by [a] ... tribunal

...";

Whereas the applicants, in specifying the object of their

application, as required by Rule 34 para. 1 (a) of Rules of Court B,

requested the Court to hold that there had been a breach of Article 6

of the Convention (art. 6-1) on account of the length of the

proceedings;

Having regard to Article 48 of the Convention (art. 48) and

Rule 34 paras. 1 (a), 3 and 4 of Rules of Court B,

1. Finds that

(a) the case raises no serious question affecting the interpretation

or application of the Convention, as the Court has already

established case-law on the "reasonable time" requirement in

Article 6 para. 1 of the Convention (art. 6-1); and

(b) the case does not, for any other reason, warrant consideration

by the Court as, in the event of a finding that there has been

a breach of the Convention, the Committee of Ministers of the

Council of Europe can award the applicants just satisfaction,

having regard to any proposals made by the Commission;

2. Decides, therefore, unanimously, that the case will not be

considered by the Court.

Done in English and in French, and notified in writing on

5 August 1997 pursuant to Rule 34 para. 4 of Rules of Court B.

Signed: Alphonse SPIELMANN

Chairman

Signed: Herbert PETZOLD

Registrar

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