Information Note on the Court’s case-law No.
November 1995
Acquaviva v. France - 19248/91
Judgment 21.11.1995
Article 6
Civil proceedings
Article 6-1
Reasonable time
Length of a criminal investigation following a civil party complaint: no violation
[This summary is extracted from the Court’s official reports (Series A or Reports of Judgments and Decisions). Its formatting and structure may therefore differ from the Case-Law Information Note summaries.]
A.APPLICABILITY OF ARTICLE 6 § 1
Applicability: principal submission before the Court, not raised before the Commission - issue going to merits to be examined independently of the previous attitude of respondent State.
Criminal complaint with civil party application: temporarily denied applicants access to civil courts, but a means of securing a conviction, which was a prior condition for obtaining compensation. Finding of self-defence deprived them of any right to sue for compensation - outcome of proceedings directly decisive for establishing their right to compensation.
Conclusion: Article 6 § 1 applicable (eight votes to one).
B.COMPLIANCE WITH ARTICLE 6 § 1
1.Period to be taken into consideration
Starting-point: lodging of civil party application with the investigating judge.
End: delivery of Court of Cassation's judgment.
Total: investigation lasted four years and four months.
2.Reasonableness of the length of the proceedings
Complexity of the case: linked to political climate reigning in Corsica at the material time.
Applicants' conduct: contributed to prolonging proceedings.
Conduct of judicial authorities: account taken of the political context and interests of the defence and proper administration of justice.
Investigation proceedings taken as a whole did not exceed a reasonable time.
Conclusion: no violation (unanimously).
© Council of Europe/European Court of Human Rights
This summary by the Registry does not bind the Court.
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