Poidimani v. Italy



In the case of Poidimani v. Italy (1),

The Screening Panel of the European Court of Human Rights,

constituted in accordance with Article 48 para. 2 (art. 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),

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Notes by the Registrar

1 The case is numbered 129/1996/748/947. 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 the States bound by Protocol No. 9 (P9).

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Sitting in private at Strasbourg on 25 November 1996, and

composed of the following judges:

Mr A. Spielmann, Chairman,

Mr C. Russo,

Mr J. De Meyer,

and also of Mr H. Petzold, Registrar,

Having regard to the application against the Italian Republic

lodged with the Court on 30 September 1996 by an Italian national,

Mr Rosario Poidimani, within the three-month period laid down by

Article 32 para. 1 and Article 47 of the Convention (art. 32-1,

art. 47);

Whereas Italy has recognised the compulsory jurisdiction of the

Court (Article 46 of the Convention (art. 46)) and ratified

Protocol No. 9 to the Convention (P9), Article 5 (P9-5) of which amends

Article 48 of the Convention (art. 48) 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 para. 1 (a) or (d) of the Convention (art. 48-1-a,

art. 48-1-d);

Having regard to the Commission's report of 26 June 1996 on the

application (no. 23310/94) lodged with the Commission by Mr Poidimani

on 29 December 1993;

Whereas the applicant complained of the length of

criminal proceedings which had been brought against him before an

Italian court, and alleged a breach of Article 6 para. 1 of the

Convention (art. 6-1), 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 para. 1 (a) of Rules of Court B,

stated that he sought a decision by the Court holding that there had

been a breach of Article 6 of the Convention (art. 6) and ordering the

respondent State to pay him compensation for the pecuniary and

non-pecuniary damage he had allegedly sustained on account of the

length of the proceedings, to publish the judgment in one local and

two national daily newspapers and to reimburse the costs and expenses

incurred before the Convention institutions;

Having regard to Article 48 of the Convention (art. 48) and

Rule 34 paras. 1 (a), 3 and 4 of Rules of Court B,

1 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 para. 1 of the Convention (art. 6-1) and has no

jurisdiction to make orders such as the one sought by the

applicant; and

(b) the case does not, for any other reason, warrant consideration

by the Court as, in the event of a finding that there has been

a breach of the Convention, the Committee of Ministers of the

Council of Europe can award the applicant just satisfaction,

having regard to any proposals made by the Commission;

2 Decides, therefore, unanimously, that the case will not be

considered by the Court.

Done in English and in French, and notified in writing on

15 January 1997 pursuant to Rule 34 para. 4 of Rules of Court B.

Signed: Alphonse SPIELMANN

Chairman

Signed: Herbert PETZOLD

Registrar