Comité de filtrage/Screening Panel
AFFAIRE BRINCAT c. ITALIE (N° 2)
CASE OF BRINCAT v. ITALY (No. 2)
(72/1998/975/1190)
DECISION
STRASBOURG
6 octobre/October 1998
In the case of Brincat v. Italy (no. 2)[1],
The Screening Panel of the European Court of Human Rights, constituted in accordance with Article 48 § 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) and Rule 26 of Rules of Court B[2],
Sitting in private at Strasbourg on 25 September 1998, and composed of the following judges:
MrA.N. Loizou, Chairman,
MrC. Russo,
MrJ.M. Morenilla,
and also of Mr H. Petzold, Registrar,
Having regard to the application against the Italian Republic lodged with the Court on 22 July 1998 by a Maltese national, Mr Joseph Brincat, within the three-month period laid down by Article 32 § 1 and Article 47 of the Convention;
Whereas Italy has recognised the compulsory jurisdiction of the Court (Article 46 of the Convention) and ratified Protocol No. 9 to the Convention, Article 5 of which amends Article 48 of the Convention so as to enable a person, non-governmental organisation or group of individuals having lodged a complaint with the European Commission of Human Rights (“the Commission”) to refer the case to the Court;
Noting that the present case has not been referred to the Court by either the Government of the respondent State or the Commission under Article 48 § 1 (a) or (d) of the Convention;
Having regard to the Commission’s report of 4 March 1998 on the application (no. 27540/95) lodged with the Commission by Mr Brincat on 7 March 1995;
Whereas the applicant complained of the length of criminal proceedings against him in the Italian courts, and alleged a breach of Article 6 § 1 of the Convention, under which “In the determination of … any criminal charge against him, everyone is entitled to a … hearing within a reasonable time by [a] … tribunal…”;
Whereas the applicant, in specifying the object of his application, as required by Rule 34 § 1 (a) of Rules of Court B, asked the Court to hold that there had been a breach of Article 6 § 1 of the Convention and stated that he sought a decision by the Court because (a) the Italian State had not accepted a friendly settlement, (b) the criminal proceedings in question, which had been pending when the Court adopted its judgment of 26 November 1992 (Brincat v. Italy, Series A no. 249-A), had ended with the applicant’s acquittal, and (c) the Committee of Ministers of the Council of Europe was a political body;
Having regard to Article 48 of the Convention and Rule 34 §§ 1 (a), 3 and 4 of Rules of Court B,
1.Notes that under Article 32 of the Convention the Committee of Ministers has jurisdiction to decide if necessary whether there has been a breach of the Convention;
2.Emphasises that under Protocol No. 9 to the Convention that jurisdiction is excluded only where the Screening Panel decides to entertain an application for consideration by the Court;
3.Finds that
(a)the case raises no serious question affecting the interpretation or application of the Convention, as the Court has already established case-law on the “reasonable time” requirement in Article 6 § 1 of the Convention; and
(b)the case does not, for any other reason, warrant consideration by the Court;
4.Decides, therefore, unanimously, that the case will not be considered by the Court.
Done in English and in French, and notified in writing on 6 October 1998 pursuant to Rule 34 § 4 of Rules of Court B.
Signed: Andreas Nicolas Loizou
Chairman
Signed: Herbert Petzold
Registrar
[1]Notes by the Registrar
. The case is numbered 72/1998/975/1190. The first number is the case’s position on the list of cases referred to the Court in the relevant year (second number). The last two numbers indicate the case’s position on the list of cases referred to the Court since its creation and on the list of the corresponding originating applications to the Commission.
[2]. Rules of Court B, which came into force on 2 October 1994, apply to all cases concerning States bound by Protocol No. 9.
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