Resolution ResDH(2005) 73

concerning the judgments of the European Court of Human Rights of 15 July 2003 (final on 15 October 2003) in cases De Biagi and Forcellini against San Marino concerning unfairness of criminal proceedings

(Adopted by the Committee of Ministers on 18 July 2005 at the 933rd meeting of the Ministers ' Deputies)

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the P rotection of Human Rights and Fundamental Freedoms, as amended by P rotocol No. 11 (hereinafter referred to as “the Convention”),

Having regard to the judgments of the European Court of Human Rights in the cases De Biagi and Forcellini, delivered on 15 July 2003 and transmitted to the Committee of Ministers once they had become final under Articles 44 and 46 of the Convention;

Recalling that the cases originated in two applications (36451/97 and 34657/97 respectively) against San Marino, lodged with the European Commission of Human Rights respectively on 29 May 1997 and 14 January 1997 under former Article 25 of the Co n vention by two San Marino nationals, and that the Court, seised of the case under Article 5, paragraph 2, of P rotocol No. 11, declared admissible the applicants ' complaints concerning the unfairness of certain criminal proceedings against them, which led to their conviction in 1997 and 1996 to three years and 10 months ' and four years ' imprisonment respectively together with ancillary penalties, without having being heard by the deciding judge in a public hearing either at first instance or at appeal, in conformity with the law applicable at the time ;

Whereas in its judgments of 15 July 2003 the Court unanimously:

- held that there had been a violation of Article 6, paragraph 1, of the Convention;

- held that the government of the respondent state was to pay the applicants, within three months from the date at which the judgments became final, the amounts of just satisfaction (set out in the appendix to this resolution) and that simple interest at a rate equal to the marginal lending rate of the European Central Bank plus three percentage points should be payable from the expiry of the above-mentioned three months until settlement;

- dismissed the remainder of the applicants ' claim for just satisfa c tion;

Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 46, paragraph 2, of the Convention;

Having invited the government of the respondent state to inform it of the mea s ures which had been taken in consequence of the judgments of 15 July 2003, having regard to San Marino ' s obligation under Article 46, paragraph 1, of the Conve n tion to abide by them;

Whereas during the examination of the cases by the Committee of Ministers, the government of the respondent state recalled that measures had already been taken to make it possible for the applicants to request the reopening of the unfair proceedings (following the entry into force of a new law on 27 June 2003) and to avoid new violations of the same kind as that found in these cases, in particular the introduction in the law of the possibility for a defendant to be personally and publicly heard by the deciding judge in criminal proceedings at first instance and at appeal (see Resolution ResDH(2004)4 adopted on 24 February 2004 in the Stefanelli case);

Having satisfied itself that at the date indicated in the appendix, within the time-limit set, the government of the respondent state had paid the a p plicants the sums provided for in the judgments of 15 July 2003,

Declares, after having examined the information supplied by the Government of San Marino, that it has exe r cised its functions under Article 46, paragraph 2, of the Convention in these cases.

Appendix to Resolution ResDH(2005)73

Details of the just satisfaction awarded to the applicants

Cases

Non-pecuniary damages

Costs and expenses

Total

P ayment on

36451/97 De Biagi Silvano

4 000 €

3 000 €

7 000 €

06/10/2003

34657/97 Forcellini P ier Tarcisio

4 000 €

4 000 €

8 000 €

19/09/2003