SECOND SECTION
DECISION
AS TO THE ADMISSIBILITY OF
Application no. 39714/98
by Paolo DAVINELLI
against Italy
The European Court of Human Rights (Second Section) sitting on 9 December 1999 as a Chamber composed of
MrC. Rozakis, President,
MrM. Fischbach,
MrB. Conforti,
MrG. Bonello,
MrsV. Strážnická,
MrsM. Tsatsa-Nikolovska,
MrE. Levits, Judges,
andMrE. Fribergh, Section Registrar;
Having regard to the application introduced on 11 July 1997 and registered on 6 February 1998;
Having deliberated;
Decides as follows:
THE FACTS
The applicant is an Italian national born in 1946 and currently residing in Campobasso. He is represented before the Court by Mr Filippo Testa, a lawyer practising in Naples.
From 1974 to 1995 the applicant was employed as town clerk. On 23 June 1983, the Campobasso Public Prosecutor’s Office informed the applicant that criminal proceedings had been instituted against him on charges of attempt to violate political rights of citizens and abuse of public authority (abuso di ufficio). On 25 June 1983 the applicant’s lawyer asked that a formal investigation be opened. On 28 June 1983 the Public Prosecutor rejected this claim and the applicant appealed to the investigating judge. On 9 August 1983 the investigating judge decided that a formal investigation had to be opened. No activity was registered until 14 June 1988, when the applicant appeared on his own initiative before the investigating judge. On 21 June 1988 a co-accused was examined and in March 1989 the investigating judge questioned ten witnesses during three hearings. On 4 April 1989 the Public Prosecutor requested the investigating judge to charge the applicant with abuse of public authority. On 2 May 1989 the investigating judge questioned the applicant and his co-accused. On 18 May 1989 the Public Prosecutor requested the investigating judge to commit the applicant for trial.
In a decision of 16 June 1989, the investigating judge committed the applicant for trial before the Campobasso District Court. A hearing scheduled for 29 September 1992 did not take place and the case was adjourned until 15 December 1993. On 13 January 1996 the President of the District Court summoned the applicant to appear on 27 March 1996. In a judgment of 27 March 1996, filed with the registry on 9 April 1996, the District Court relinquished jurisdiction in favour of the Campobasso Assize Court. On 8 January 1997, the president of the Assize Court scheduled the date of the hearing for 10 February 1997.
In a judgment delivered the same day and filed with the registry on 17 February 1997, the Assize Court acquitted the applicant.
THE LAW
The applicant’s complaint relates to the length of the proceedings in question. These proceedings began on 23 June 1983 and ended on 17 February 1997.
According to the applicant, the overall duration of the proceedings - a period of thirteen years, seven months and twenty-five days - 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