Information Note on the Court’s case-law No.
October 1992
T. v. Italy - 14104/88
Judgment 12.10.1992
Article 6
Article 6-1
Fair hearing
Public hearing
Trial in absentia of an untraceable accused: violation
[This summary is extracted from the Court’s official reports (Series A or Reports of Judgments and Decisions). Its formatting and structure may therefore differ from the Case-Law Information Note summaries.]
I.ARTICLE 6 OF THE CONVENTION (FAIR TRIAL)
Right of person charged with a criminal offence to take part in hearing: follows from object and purpose of the Article - not necessary in present case to determine whether and under what conditions accused can waive exercise of this right.
Notification of prosecution: legal act of such importance that it must be carried out in accordance with procedural and substantive requirements - vague and informal knowledge insufficient.
Applicant declared untraceable then convicted - lack of more thorough investigations.
No fault could be found with applicant for having failed to give address for service: no evidence that he knew what stage proceedings conducted against him had reached.
Conclusion: violation (unanimously).
II.ARTICLE 50 OF THE CONVENTION
A.Non-pecuniary damage: finding of violation sufficient satisfaction in this respect.
B.Costs and expenses: legal aid granted before Convention organs.
Conclusion: claims for compensation and reimbursement dismissed (unanimously).
© Council of Europe/European Court of Human Rights
This summary by the Registry does not bind the Court.
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