SECOND SECTION
DECISION
AS TO THE ADMISSIBILITY OF
Application no. 44970/98
by Luigi ARGANESE
against Italy
The European Court of Human Rights (Second Section) sitting on 9 December 1999 as a Chamber composed of
MrC. Rozakis, President,
MrB. Conforti,
MrP. Lorenzen,
MrsM. Tsatsa-Nikolovska,
MrA.B. Baka,
MrE. Levits,
MrA. Kovler, Judges,
andMrE. Fribergh, Section Registrar;
Having regard to the application introduced on 18 September 1998 and registered on 15 December 1998;
Having deliberated;
Decides as follows:
THE FACTS
The applicant is an Italian national, born in 1958 and currently residing in Bucciano (Benevento). Until 1991, the applicant was a member of the Bucciano Town Council (“Giunta municipale di Benevento”). He is represented before the Court by Mr Vincenzo La Brocca and Mr Sergio Rando, two lawyers practising in Benevento.
On an unspecified date the Benevento Public Prosecutor’s Office commenced criminal proceedings against the applicant on charges of aggravated abuse of public authority (“abuso d’ufficio”) in the course of his duties as a member of the Town Council. On 21 October 1992 the Public Prosecutor requested the Benevento investigating judge to prolong the maximum period for the duration of the investigations. This request was subsequently granted by the investigating judge. On 28 June 1993 the Benevento Public Prosecutor requested that the applicant and nineteen other persons be committed for trial on charges of aggravated abuse of public authority. By an act filed with the Registry on 29 June 1993, the Benevento investigating judge scheduled the date of the preliminary hearing for 1 March 1994. This act was subsequently served on all the accused, who were thus informed of the charges brought against them.
The preliminary hearing was adjourned until 20 September 1994. In an order of the same day, the investigating judge committed the applicant and eighteen other persons for trial, commencing on 18 May 1995 before the Benevento District Court. A new charge of forgery was brought against the applicant and four of his co-accused. The hearing of 18 May 1995 was adjourned because the lawyers of the Benevento Bar association were on strike until 27 May 1995. On 11 April 1996 the District Court declared that the order committing the accused for trial was null and void and ordered that the case-file be returned to the investigating judge.
On 18 June 1996 the Benevento investigating judge issued a fresh committal for trial and fixed the hearing before the Benevento District Court at 12 December 1996. On that date the proceedings were adjourned by reason of a legitimate impediment of one of the accused and of two lawyers. On 14 April 1997 the District Court, observing that the order fixing the date of the hearing had not been served on some of the accused, adjourned the case until 20 October 1997. This hearing was subsequently postponed at the request of some of the accused. On 15 January 1998 some witnesses were examined and the parties presented their final pleadings.
In a judgment of the same day, filed with the registry on 29 January 1998, the District Court acquitted the applicant and all his co-accused. This decision became final on 1 April 1998.
THE LAW
The applicant’s complaint relates to the length of the proceedings in question. These proceedings began at the latest on 29 June 1993 and ended on 1 April 1998.
According to the applicant, the overall duration of the proceedings - a period of four years, nine months and three days for one degree of jurisdiction - is in breach of the "reasonable time" requirement laid down in Article 6 § 1 of the Convention. The Government disputed this claim.
The Court considers, in the light of the criteria established in its case-law on the question of "reasonable time" (the complexity of the case, the applicant’s conduct and that of the competent authorities), and having regard to all the information in its possession, that an examination of the merits of this complaint is required.
For these reasons, unanimously, the Court
DECLARES THE APPLICATION ADMISSIBLE, without prejudging the merits of the case.
Erik FriberghChristos Rozakis
RegistrarPresident
Full & Egal Universal Law Academy