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BIONDO AGAINST ITALY

Doc ref: 8821/79 • ECHR ID: 001-49291

Document date: November 10, 1989

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Cited paragraphs: 0
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BIONDO AGAINST ITALY

Doc ref: 8821/79 • ECHR ID: 001-49291

Document date: November 10, 1989

Cited paragraphs only

The Committee of Ministers, under the terms of Article 32 (art. 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 by the European Commission of

Human Rights in accordance with Article 31 (art. 31) of the Convention

relating to the application lodged on 10 December 1979 by

Mr Angelo Biondo against Italy (No. 8821/79);

Whereas on 3 April 1984 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 (art. 32-1), of the Convention

elapsed without the case having been brought before the European Court

of Human Rights in pursuance of Article 48 (art. 48) of the Convention;

Whereas in his application the applicant complained inter alia that he

did not have proper legal assistance when the Court of Cassation

examined an appeal he had lodged against his conviction of a criminal

offence;

Whereas the Commission declared the application admissible on

5 May 1983 as regards the above-mentioned complaint and in its report

adopted on 8 December 1983 expressed the opinion, by thirteen votes to

one, that there had been a violation of Article 6, paragraph 3.c

(art. 6-3-c), of the Convention in this case;

Agreeing with the opinion expressed by the Commission in accordance

with Article 31, paragraph 1 (art. 31-1), of the Convention;

Having examined the proposals made by the Commission in accordance

with Article 31, paragraph 3 (art. 31-3), of the Convention;

Whereas during the examination of the case the Committee of Ministers

was informed by the Government of Italy that under the new Code of

Criminal Procedure, which was adopted on 23 September 1988 and entered

into force on 24 October 1989:

- the presence of a defence lawyer is henceforth obligatory in

hearings before the Court of Cassation;

- an appellant in respect of whom a lawyer has been appointed by the

Court of Cassation shall be notified without delay of such an

appointment and shall also be notified personally of the date set for

the hearing of his appeal thirty days in advance,

Decides, having voted in accordance with the provisions of Article 32,

paragraph 1 (art. 32-1), of the Convention, that there has been a

violation of Article 6, paragraph 3.c (art. 6-3-c), of the Convention

in this case;

Takes note of the information provided by the Government of Italy;

Decides that no further action is called for in this case.

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