FIRST SECTION
DECISION
Application no. 50550/99
by Fabio RODANTE
against Italy
The European Court of Human Rights (First Section), sitting on 18 March 2004 as a Chamber composed of:
MrC.L. Rozakis, President,
MrP. Lorenzen,
MrG. Bonello,
MrA. Kovler,
MrV. Zagrebelsky,
MrsE. Steiner,
MrK. Hajiyev, judges,
and Mr S. Quesada, Deputy Section Registrar,
Having regard to the above application lodged on 28 June 1999,
Having deliberated, decides as follows:
THE FACTS
The applicant, Mr Fabio Rodante, is an Italian national who was born in 1965 and lives in Rome. He was represented before the Court by Mr G. Mursia, a lawyer practising in Rome.
The respondent Government were represented by their successive Agents, respectively Mr U. Leanza and Mr I.M. Braguglia, and by their successive co-Agents, respectively Mr V. Esposito and Mr F. Crisafulli.
The facts of the case, as submitted by the parties, may be summarised as follows.
On an unspecified date, criminal proceedings were instituted against the applicant and three other persons for, inter alia, receiving stolen goods.
On 5 March 1992, the Rome police invited the applicant to indicate his permanent address for any communication related to the criminal proceedings pending against him.
In an order served on the applicant on 20 December 1995, the Rome Public Prosecutor committed the applicant and his co-accused for trial, commencing on 12 October 1995 before the Rome Magistrate.
Following different hearings, in a judgment delivered on 13 April 1999, filed with the registry on 13 May 1999, the Rome Magistrate acquitted the applicant.
COMPLAINT
The applicant complained under Article 6 § 1 of the Convention about the length of the proceedings.
THE LAW
In a letter of 19 June 2001, the Registry of the Court informed the applicant that Law no. 89 of 24 March 2001 (“the Pinto Act”) had come into force on 18 April 2001, introducing into Italian legislation a remedy in respect of the excessive length of court proceedings.
In a letter received by the Registry of the Court on 12 April 2002, the applicant informed the Court of the fact that he intended to make use of the Pinto Act and asked that the Court suspends the examination of his case.
On 21 October 2003, the Registry of the Court invited the applicant to submit by 21 November 2003 an update of the facts concerning the procedure instituted under the Pinto Act. The Registry of the Court also asked the applicant to confirm whether he had still interest in the examination of his case.
Having received no reply, by a registered letter of 16 December 2003, the Registry of the Court renewed its request and warned the applicant that, should such information not be received by 26 January 2004, the Court might decide to strike the case off its case-list.
The applicant, who received the said letter on 22 December 2003, did not reply.
In the light of the above, in accordance with Article 37 § 1 of the Convention, the Court now considers that the applicant has lost interest in his application. Furthermore, the Court finds no special circumstances regarding respect for human rights as defined in the Convention which require the continuation of the examination of the application.
For these reasons, the Court unanimously
Decides to strike the application out of its list of cases.
Santiago QuesadaChristos Rozakis
Deputy RegistrarPresident
Full & Egal Universal Law Academy