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CASE OF F.C.B. AGAINST ITALY

Doc ref: 12151/86 • ECHR ID: 001-55577

Document date: March 9, 1993

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CASE OF F.C.B. AGAINST ITALY

Doc ref: 12151/86 • ECHR ID: 001-55577

Document date: March 9, 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 F.C.B. case delivered on 28 August 1991 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 9 May 1986 under Article 25 (art. 25) of the Convention by

Mr. F.C.B., an Italian national, who complained that he had been

judged in absentia in Italy while in detention in the

Netherlands;

Recalling that the case was brought before the Court by the

Commission on 11 July 1990;

Whereas in its judgment of 28 August 1991 the Court

unanimously:

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

paragraphs 1 and 3.c (art. 6-1, art. 6-3-c) of the Convention;

- held that the respondent state was to pay to Mr F.C.B.

five million Italian lire in respect of costs and expenses;

- dismissed the remainder of the claim 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

28 August 1991, 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;

Having satisfied itself that the Government of Italy has

paid the applicant the sum provided for in the judgment,

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)6

Information provided by the Government of Italy

during the examination of the F.C.B. case

by the Committee of Ministers

Since the entry into force of the new Code of Criminal

Procedure on 24 October 1989, the absent accused is no longer

under the obligation, in order to avoid being tried in absentia,

to prove the reality of his inability to attend as Section 486,

paragraph 2, of the new code provides that the judge will stay

or adjourn the proceedings, even ex officio, when it appears

probable that the absence of the accused is due to an absolute

inability to attend.

The sum of 5 million lire awarded by the Court in respect

of costs and expenses was put at the disposal of the applicant's

wife on 21 December 1992, after delivery of a consular power of

attorney to that effect by the applicant.

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