Information Note on the Court’s case-law 11
October 1999
Gelli v. Italy - 37752/97
Judgment 19.10.1999 [Section II]
Article 6
Criminal proceedings
Article 6-1
Reasonable time
Length of criminal proceedings: violation
Facts: The applicant was arrested in Switzerland in September 1982 in connection with the bankruptcy of the private bank, Banco Ambrosiano. The case involved 40 co-accused. He escaped from prison in August 1983 and remained at liberty until re-arrested in September 1987. He was extradited to Italy in February 1988 and was convicted in April 1994. The conviction was upheld in March 1996. In a judgment of November 1996, lodged with its registry in December 1996, the Court of Cassation held that certain charges were time-barred and reduced the applicant's sentence accordingly. The applicant complained about the length of the proceedings.
Law: The proceedings began at the latest in September 1982 and ended in December 1996, but the period during which the applicant absconded, totalling 4 years 1 month, must be deducted from the period to be examined, since the applicant has not shown any reason to rebut the presumption that he is not entitled to complain about the length of the proceedings following his flight. Accordingly, the period to be examined is 10 years 2 months for three levels of jurisdiction. The case was extremely complex and it is not for the Court to say whether the particular charge in respect of which the applicant complained should have been separated from the others. However, no delay can be attributed to the applicant, other than the period during which he absconded, whereas a very long delay between 1985 and 1991 is attributable to the judicial authorities. No explanation has been provided by the Government for this period, which amounts to more than half the total period and is in itself sufficient to conclude that the case was not heard within a reasonable time.
Conclusion: violation (unanimous).
Article 41: The Court awarded the applicant 20 million lire (ITL) in respect of non-pecuniary damage. Although the applicant had not provided details of legal costs, the Court, taking into account the simplicity of the case, awarded him 2 million lire.
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This summary by the Registry does not bind the Court.
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