INTERIM RESOLUTION DH (98) 91

HUMAN RIGHTS

APPLICATION No. 21873/93

ACHILLI AGAINST ITALY

(Adopted by the Committee of Ministers on 22 April 1998

at the 626th meeting of the Ministers’ Deputies)

The Committee of Ministers, under the terms of Article 32 of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as “the Convention”),

Having regard to the report drawn up on 9 September 1997, by the European Commission of Human Rights in accordance with Article 31 of the Convention relating to the application lodged on 4 May 1993 by an Italian national, Mr Giulio Achilli, against Italy;

Whereas on 17 October 1997 the Commission transmitted the said report to the Committee of Ministers and whereas the period of three months provided for in Article 32, paragraph 1, of the Convention has elapsed without the case having been brought before the European Court of Human Rights in pursuance of Article 48 of the Convention ;

Whereas in his application, declared admissible by the Commission on 9 September 1996, the applicant complained of the excessive length of certain criminal proceedings and of the unfairness of the proceedings before the Cour de cassation in that he was unable to present a defence against the appeal lodged by the General Prosecutor;

Whereas in its report the Commission expressed, unanimously, the opinion that there had been in this case a violation of Article 6, paragraph 1, of the Convention as regards the excessive length of the criminal proceedings and, by twenty-nine votes to one, the opinion that there had been a violation of this provision as regards the unfairness of the proceedings before the Cour de cassation ;

Whereas, at the 626th meeting of the Ministers’ Deputies, the Committee of Ministers, having voted in accordance with the provisions of Article 32, paragraph 1, of the Convention, and agreed with the opinion expressed by the Commission, held, by a decision adopted on 22 April 1998 that there had been in this case a violation of Article 6, paragraph 1, of the Convention, as regards the excessive length of the proceedings and that there had been a violation of Article 6, paragraph 1, of the Convention as regards the unfairness of the proceedings before the Cour de cassation ,

Authorises the publication of the report adopted by the Commission in this case;

Decides to pursue the examination of the present case, in accordance with Article 32 of the Convention with a view to adopting the final resolution.