CEDH · CASELAW;DECISIONS;DECCOMMISSION;ENG — 2 décembre 1994

.sDD6737AE { font-size:11pt } .s211D6B00 { margin-top:0pt; margin-bottom:0pt; line-height:normal; widows:0; orphans:0; font-size:8.5pt } .sBB9EE52A { font-family:Arial }                          AS TO THE ADMISSIBILITY OF                         Application No. 22997/93                       by Dimitrios BUZUNIS                       against Greece        The European Commission of Human Rights (First Chamber) sitting in private on 2 December 1994, the following members being present:              MM.    A. WEITZEL, President                  C.L. ROZAKIS                  F. ERMACORA                  E. BUSUTTIL            Mrs.   J. LIDDY            MM.    M.P. PELLONPÄÄ                  B. MARXER                  G.B. REFFI                  B. CONFORTI                  N. BRATZA                  I. BÉKÉS                  E. KONSTANTINOV              Mrs.   M.F. BUQUICCHIO, Secretary to the Chamber        Having regard to Article 25 of the Convention for the Protection of Human Rights and Fundamental Freedoms;        Having regard to the application introduced on 4 August 1993 by Dimitrios BUZUNIS against Greece and registered on 23 November 1993 under file No. 22997/93;        Having regard to the report provided for in Rule 47 of the Rules of Procedure of the Commission;        Having deliberated;        Decides as follows:   THE FACTS        The applicant is a Greek citizen, born in 22 August 1938 in Argolida.        The facts of the case, as they have been submitted by the applicant, may be summarised as follows:   A.    The particular circumstances of the case        On 16 July 1986 the applicant was arrested by the Italian police in international waters aboard the ship P for drug trafficking. He was placed in detention on remand. On 4 December 1987 he was found guilty by the First Instance Criminal Court of Bari and sentenced to 5 years imprisonment and a fine of 5,000,000 lire. The court further ordered the suspension of the execution of the sentence and the applicant's immediate expulsion from Italy. The applicant was duly expelled from the country. He lodged, however, an appeal which was heard on 30 November 1990. The court of appeal reduced his sentence to three years and four months.        On 12 February 1992 the Public Prosecutor of the Court of Appeal of Piraias charged the applicant with drug-trafficking in connection with the same set of facts. The applicant was arrested on 2 September 1992. On 3 June 1993 he was tried by the three-member Court of Appeal of Piraias, which was competent to hear the case at first instance due to the nature of the offences. He was found guilty and sentenced to 17 years imprisonment. The court decided to deduct from the applicant's sentence the period he had spent in detention on remand in Italy and Greece.        The applicant lodged an appeal, the hearing of which had been scheduled for 3 June 1994. On that date, however, the court adjourned the hearing of the applicant's appeal for 25 January 1995 due to a strike by the lawyers.        When the applicant last contacted the Commission, by letter of 24 June 1994, he was still in detention. A letter, however, addressed by the Commission's Secretariat to the applicant on 5 July 1994 at the address of the prison where he was being detained has been returned.     B.    Relevant domestic law        Article 10 of the Criminal Code provides the following:        "If a court finds a person guilty of an offence of which he      has been already convicted abroad, it must deduct from the      sentence it imposes on him the sentence or part of sentence      this person has served abroad".   COMPLAINTS        The applicant complains of the fact that he was tried and convicted in Greece of an offence in respect of which he had already received a penalty in another State Party to the Convention.        He also complains about the length of the proceedings instituted against him in Greece.        He does not invoke any specific provisions of the Convention or its Protocols.   THE LAW   1.    The applicant claims that he was tried and convicted in Greece of an offence in respect of which he had already been convicted in Italy. He does not invoke any specific provisions of the Convention.          The Commission recalls that neither the Convention nor any of the additional Protocols does, either expressly or implicitly, guarantee the principle of ne bis in idem in respect of convictions in different States (No. 1519/62, 27.3.63, Collection 10 p. 59; No. 7680/76, 16.5.77, D.R. 9 p. 190; No. 8945/80, 13.12.83, D.R. 39 p. 43; 11069/84, 7.9.89, D.R. 62 p. 5).        This part of the application is therefore incompatible ratione materiae with the provisions of the Convention within the meaning of Article 27 para. 2 (Art. 27-2).   2.    The applicant complains of the length of the criminal proceedings against him. He does not invoke any specific provision of the Convention.        The Commission recalls that Article 6 (Art. 6) of the Convention guarantees the right to a hearing within a reasonable time in the determination of criminal charges.        The Commission considers that it cannot, on the basis of the file, determine the admissibility of this complaint and that it is therefore necessary in accordance with Rule 48 para. 2(b) of the Rules of Procedure, to give notice of this part of the application to the respondent Government.        For these reasons, the Commission, unanimously,        DECIDES TO ADJOURN its examination of the complaints under      Article 6 (Art. 6) of the Convention regarding the length      of the criminal proceedings;        DECLARES THE REMAINDER OF THE APPLICATION INADMISSIBLE   Secretary to the First Chamber      President of the First Chamber        (M.F. BUQUICCHIO)               (A. WEITZEL)