Adiletta and Others v. Italy

Information Note on the Court’s case-law No.

February 1991

Adiletta and Others v. Italy - 13978/88, 14236/88 and 14237/88

Judgment 19.2.1991

Article 6

Article 6-1

Reasonable time

Length of criminal proceedings: 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.]

I.ARTICLE 6 § 1 OF THE CONVENTION ("reasonable time")

A.Period to be taken into consideration

Starting-point: receipt by applicants of notice of prosecution.

Close: date on which judgment became final.

Total: thirteen years and five months.

B.Applicable criteria

Reasonableness of length of proceedings: to be assessed in the light of the particular circumstances of the case, which in this instance called for overall assessment.

Case of some complexity in particular at preliminary investigation stage and applicants caused delays by several requests for hearings to be adjourned, but proceedings characterised by lengthy periods of inactivity attributable to the competent authorities.

Conclusion: violation (unanimously).

II.ARTICLE 50 OF THE CONVENTION

Pecuniary damage: claim dismissed.

Non-pecuniary damage: sum awarded.

Costs and expenses incurred before Convention organs: reimbursement in part.

Conclusion: respondent State to pay specified sums to the applicants (unanimously).

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

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