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.