Information Note on the Court’s case-law 59

December 2003

Graviano v. Italy (dec.) - 10075/02

Decision 4.12.2003 [Section I]

Article 6

Criminal proceedings

Article 6-1

Fair hearing

Replacement of a judge during trial in the Assize Court, followed by refusal to re-hear the witnesses: admissible

The applicant was committed for trial before an Assize Court on charges of murder and of being a member of a mafia-ty pe organisation. During the trial, the Assize Court examined various witnesses and questioned experts. Subsequently, one of the two professional judges (who, together with the six lay jurors, made up the bench of the Assize Court) was replaced by a substit ute professional judge. The applicant attempted unsuccessfully to prevent the inclusion in the case-file of the newly composed bench of all the records of examinations and other proceedings conducted in the course of the trial prior to the judge’s replacem ent. The Assize Court also dismissed the applicant’s request for re-examination of the witnesses who had been heard before the change of judge. The Assize Court, relying on the witnesses’ statements, sentenced the applicant to life imprisonment. The appeal s lodged by the applicant were unsuccessful. In particular, the applicant complained that the witnesses had not been heard by the substitute judge, who had nonetheless taken part in the deliberations which resulted in the applicant’s conviction.

Admissible under Article 6 § 1 and Article 6 § 3 (d), following dismissal of the objection of non-exhaustion of domestic remedies raised by the Government.

© Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court.

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