CEDH · CASELAW;DECISIONS;DECCOMMISSION;ENG — 6 septembre 1995

.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 }                                SUR LA RECEVABILITÉ                         Application No. 22421/93                       by Annunziata PALERMITI                       against Italy        The European Commission of Human Rights (First Chamber) sitting in private on 6 September 1995, the following members being present:              Mr.    C.L. ROZAKIS, President            Mrs.   J. LIDDY            MM.    E. BUSUTTIL                  A.S. GÖZÜBÜYÜK                  A. WEITZEL                  M.P. PELLONPÄÄ                  G.B. REFFI                  B. CONFORTI                  N. BRATZA                  I. BÉKÉS                  E. KONSTANTINOV                  G. RESS                  A. PERENIC              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 18 May 1993   by Annunziata PALERMITI against Italy and registered on 5 August 1993 under file No. 22421/93 ;        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 an Italian national born in 1925 and currently residing in Reggio Calabria. Before the Commission, she is represented by Mr Domenico Callea, a lawyer practising in Reggio Calabria.        The facts of the case, as they have been submitted by the parties, may be summarised as follows.        By act ("ordine di comparizione") of 22 October 1987, notified on 30 October 1987, the applicant was summoned to appear before the Public Prosecutor of Reggio Calabria on 16 November 1987, in order to be interrogated. She was charged with unauthorized building and unlawful removal of official seals ("violazione di sigilli").        These proceedings were connected with a previous set of criminal proceedings instituted against the applicant on similar charges and which came to an end by judgment of 8 July 1986 with the applicant's conviction by the Reggio Calabria magistrate ("Pretore").        On 16 November 1987, the applicant was interrogated by the Public Prosecutor in her counsel's presence.        On 1 October 1988, the Public Prosecutor requested that the applicant be committed for trial on charges of unauthorized building and unlawful removal of official seals.        By judgment of 7 February 1994, the Reggio Calabria Court dismissed the first charge as time-barred and the second following an amnesty.   COMPLAINTS        The applicant alleges that the length of the criminal proceedings instituted against her on charges of unauthorized building and unlawful removal of official seals exceeded the "reasonable time" referred to in Article 6 para. 1 of the Convention.   THE LAW        The applicant complains under Article 6 para. 1 (Art. 6-1) of the Convention about the length of the criminal proceedings against her.        Article 6 para. 1 (Art. 6-1), in so far as relevant, provides as follows:        "In the determination ... of any criminal charge against      him, everyone is entitled to a ... hearing within a      reasonable time by [a] tribunal ..."        The Government invoke the difficult situation faced by the Reggio Calabria Court as a result of the exceptional backlog of cases, as well as the lack of sufficient staff to deal with such a situation; in these circumstances, they maintain that the overall duration of the proceedings of over six years cannot be regarded as being unreasonable.          Referring to the case-law of the Convention organs, the applicant contends that it is for the Italian Government to organise their legal system so as to comply with the requirements of Article 6 para. 1 (Art. 6-1).        The Commission considers, in the light of the criteria established by the case-law of the Convention on the question of "reasonable time" (the complexity of the case, the applicant's conduct and that of the competent authorities), and having regard to all the information in its possession, that a thorough examination of this complaint is required, both as to the law and as to the facts.        For these reasons, the Commission, unanimously,        DECLARES THE APPLICATION ADMISSIBLE,      without prejudging the merits of the case.   Secretary to the First Chamber       President of the First Chamber        (M.F. BUQUICCHIO)                   (C.L. ROZAKIS)