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CASE OF T. AGAINST ITALY

Doc ref: 14104/88 • ECHR ID: 001-55583

Document date: December 14, 1993

Inbound citations: 1
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Cited paragraphs: 0
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Outbound citations: 0

CASE OF T. AGAINST ITALY

Doc ref: 14104/88 • ECHR ID: 001-55583

Document date: December 14, 1993

Cited paragraphs only

The Committee of Ministers, under the terms of Article 54

(art. 54) of the Convention for the Protection of Human Rights and

Fundamental Freedoms (hereinafter referred to as "the Convention"),

Having regard to the judgment of the European Court of Human

Rights in the case of T. against Italy delivered on 12 October 1992

and transmitted the same day to the Committee of Ministers;

Recalling that the case originated in an application against

Italy lodged with the European Commission of Human Rights

on 1 April 1988 under Article 25 (art. 25) of the Convention

by Mr T., an Italian national, who complained that the in absentia

proceedings conducted against him had deprived him of the

guarantees laid down in Article 6 (art. 6) of the Convention;

Recalling that the case was brought before the Court by the

Commission on 13 September 1991;

Whereas in its judgment of 12 October 1992 the Court

unanimously:

- held that there had been a violation of Article 6,

paragraph 1 (art. 6-1);

- held that the judgment constituted in itself sufficient just

satisfaction for any non-pecuniary damage sustained;

- dismissed the remainder of the applicant's claims for just

satisfaction;

Having regard to the Rules adopted by the Committee of

Ministers concerning the application of Article 54 (art. 54) of the

Convention;

Having invited the Government of Italy to inform it of the

measures which had been taken in consequence of the judgment

of 12 October 1992, having regard to its obligation under

Article 53 (art. 53) of the Convention to abide by it;

Whereas, during the examination of the case by the Committee

of Ministers, the Government of Italy gave the Committee

information about the measures taken in consequence of the

judgment, which information appears in the appendix to this

resolution,

Declares, after having taken note of the information supplied

by the Government of Italy, that it has exercised its functions

under Article 54 (art. 54) of the Convention in this case.

Appendix to Resolution DH (93) 65

Information provided by the Government of Italy

during the examination of the case of T.

by the Committee of Ministers

Article 183bis of the Code of Criminal Procedure, as modified

by Section 1 of Law No. 22 of 23 January 1989, has reformed the

Italian regulations in respect of restitution of time

("restituzione nel termine") and anticipated the regulations laid

down in Article 175 of the new Code of Criminal Procedure in such

a manner as to align these regulations with the requirements of the

European Convention on Human Rights as developed by the European

Court of Human Rights. Article 183bis, accordingly, lays down in

its second paragraph that restitution of time in order to appeal

against an in absentia judgment may be requested, not only in cases

involving exceptional circumstances or force majeure, but also when

the accused can produce evidence that he did not have effective

knowledge of the judgment in question. However, this right cannot

be exercised when the defence counsel has already submitted an

appeal or when it is his fault that the accused has not been able

to gain knowledge of the judgment or - following notification of

the in absentia judgment according to the procedure prescribed for

accused persons who are untraceable ("irreperibili") - when the

accused has voluntarily put himself in such a position as not to be

able to be notified of the proceeedings.

Considering the aim of the new regulations and the increased

willingness demonstrated by the Italian courts to take into account

the requirements of the Convention (see, inter alia, the judgment

of the Court of Cassation, First Criminal Section, of 12 May 1993

in the Medrano case), the Italian Government is of the opinion that

the Italian courts will not fail to respect the principles laid

down in the case of T. against Italy in their application of the

new regulations.

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