CASE OF A.M. v. ITALY



In the case of A.M. 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 165/1996/784/985. 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 20 March 1997, 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 28 December 1996 by an Italian national,

Mr A.M., 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 4 September 1996 on

the application (no. 21068/92) lodged with the Commission by Mr A.M.

on 2 September 1992;

Whereas the applicant complained of the length and unfairness of

criminal proceedings which had been brought against him before the

Italian courts, 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 fair ... hearing

within a reasonable time by [a] ... tribunal ...";

Whereas on 17 January 1996 the Commission declared admissible

only the complaint relating to the length of the proceedings;

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 para. 1 of the Convention (art. 6-1) because

he had not had a fair trial;

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), while

consideration of the complaint relating to the fairness of the

proceedings lies outside its jurisdiction, as the Commission has

declared it inadmissible; 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

11 April 1997 pursuant to Rule 34 para. 4 of Rules of Court B.

Signed: Alphonse SPIELMANN

Chairman

Signed: Herbert PETZOLD

Registrar