Information Note on the Court’s case-law 58

November 2003

Pelli v. Italy (dec.) - 19537/02

Decision 13.11.2003 [Section I]

Article 6

Civil proceedings

Article 6-1

Civil rights and obligations

Procedure for obtaining compensation under the Pinto law: Article 6 applicable

On 8 May 2001, the applicant initiated proceedings before a Court of Appeal on the basis of the “Pinto Act”, complaining of the excessive length of criminal proceedings. The Court of Appeal delivered its decision on 27 June 2001. It held that there had been a violation of Article 6 of the Convention in this case and awarded the applicant compensation. He received payment on 14 November 2002.

Inadm issible under Article 6: The Court considers that compensation proceedings based on the Pinto Act concern a civil right within the meaning of Article 6, which is therefore applicable. In the present case, the period to be taken into consideration began whe n the applicant initiated the proceedings before the Court  of Appeal and ended when the judgment of the Court of Appeal was executed by the State and the applicant received payment of the sum due. The overall period to be examined – approximately one year and six months – is not sufficiently long to justify a finding of a violation of Article 6 § 1: manifestly ill-founded.

© Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court.

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