CEDH · CASELAW;DECISIONS;DECCOMMISSION;ENG — 16 avril 1998

.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. 27240/95                       by Demetrico CILIONE                       against Italy        The European Commission of Human Rights (First Chamber) sitting in private on 16 April 1998, the following members being present:              MM     M.P. PELLONPÄÄ, President                  N. BRATZA                  A. WEITZEL                  C.L. ROZAKIS            Mrs    J. LIDDY            MM     L. LOUCAIDES                  B. MARXER                  I. BÉKÉS                  G. RESS                  A. PERENIC                  C. BÎRSAN                  K. HERNDL            Mrs    M. HION            Mr     R. NICOLINI              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 5 April 1995 by Demetrio CILIONE against Italy and registered on 3 May 1995 under file No. 27240/95;        Having regard to:   -     the reports provided for in Rule 47 of the Rules of Procedure of      the Commission;   -     the observations submitted by the respondent Government on      8 September 1997 and the observations in reply submitted by the      applicant on 27 September 1997;        Having deliberated;        Decides as follows:   THE FACTS        The applicant is an Italian national, born in 1942 and residing in Reggio Calabria. Before the Commission, he is represented by Mr Domenico Callea, lawyer in Reggio Calabria.        The facts of the case, as submitted by the parties, may be summarised as follows.        On 5 October 1988 the applicant was interrogated by the Reggio Calabria Public Prosecutor about facts dating back to 25 September 1987.        On 20 December 1988 the Public Prosecutor requested that the applicant be summoned to appear before the Reggio Calabria Court on charges inter alia of threats.        By an act dated 3 January 1994, the Presiding Judge of the Reggio Calabria Court summoned the applicant to appear before the Court at the hearing of 7 February 1994.        At this hearing, both the Public Prosecutor and the applicant requested that all charges be dropped on the ground of an amnesty of 12 April 1990.        By a judgment of 14 November 1994, the Reggio Calabria Court dropped all charges against the applicant. The judgment became final on 15 December 1994.     COMPLAINT        The applicant complains under Article 6 para. 1 of the Convention about the length of the criminal proceedings instituted against him.     PROCEEDINGS BEFORE THE COMMISSION        The application was introduced on 5 April 1995 and registered on 3 May 1995 .        On 21 May 1997 the Commission decided to communicate the application to the respondent Government.        The Government's written observations were submitted on 8 September 1997. The applicant replied on 29 September 1997.     THE LAW        The applicant complains under Article 6 para. 1 (Art. 6-1) of the Convention about the length of the criminal proceedings instituted against him. He alleges a violation of Article 6 para. 1 (Art. 6-1) of the Convention which insofar as relevant reads as follows:        "In the determination of any charge against him, everyone is entitled to a ... hearing within a reasonable time by a ... tribunal ...".       The Commission observes that the proceedings at issue began on 5 October 1988 when the applicant was interrogated by the Public Prosecutor of Reggio Calabria and ended on 15 December 1994 when the judgment delivered by the Court of Reggio Calabria, dropping all charges against the applicant, became final. The overall length of the proceedings is thus about six years and two months.        The respondent Government submit as justification for the delays in the proceedings the excessive work-load in the relevant criminal courts and the fact that priority is normally given to cases where the accused is in detention; furthermore in this case an amnesty applicable to the applicant's case had in the meantime intervened. The applicant maintains that the length of the proceedings brought against him was excessive.        The Commission considers, in the light of the criteria established by the case-law of the Convention organs on the question of the "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. No other ground for declaring it inadmissible has been established.        For these reasons, the Commission, unanimously,        DECLARES THE APPLICATION ADMISSIBLE, without prejudging the      merits of the case.          M.F. BUQUICCHIO                             M.P. PELLONPÄÄ         Secretary                                  President    to the First Chamber                       of the First Chamber