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. 27584/95                       by Renzo BERTELLI                       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 6 March 1995 by Renzo BERTELLI against Italy and registered on 12 June 1995 under file No. 27584/95;        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      7 October 1997 and the observations in reply submitted by the      applicant on 27 November 1997;        Having deliberated;        Decides as follows:   THE FACTS        The applicant is an Italian national, born in 1937 and residing in Trecenta (Rovigo). Before the Commission, he is represented by Mr Mario Bacchiega, a lawyer practising in Rovigo.        The facts of the case, as submitted by the parties, may be summarised as follows.        On 16 June 1982 the applicant was arrested pursuant to a warrant of arrest issued by the Venezia Public Prosecutor on charges inter alia of belonging to a criminal organization and fraud.        On 5 July 1982 the case was sent before the Venezia Investigating Judge.        On 31 August 1982 the applicant was released.        On 12 September 1986 the applicant was committed for trial before the Venezia Court together with five coaccused.        By a judgment of 30 November 1988, the Venezia Court declared its lack of jurisdiction and sent the case before the Piacenza Court.        By a judgment of 23 September 1994, filed with the Registry on 29 September 1994, the Piacenza Court dropped the charges against three coaccused and acquitted the applicant and the other two coaccused. The judgment became final on 8 November 1994.        On 29 February 1996 the applicant filed an application with the Court of Appeal of Bologna seeking compensation for his unfair detention. The application was dismissed on 9 December 1996.        On 11 June 1997 the Court of Cassation declared inadmissible the appeal filed by the applicant against the above-mentioned decision of 9 December 1996.     COMPLAINT        The applicant complains about the length of the criminal proceedings instituted against him.     PROCEEDINGS BEFORE THE COMMISSION        The application was introduced on 6 March 1995 and registered on 12 June 1995.        On 21 May 1997 the Commission decided to communicate the application.        The Government's written observations were submitted on 7 October 1997. The applicant replied on 27 November 1997.   THE LAW        The applicant complains 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 criminal 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 16 June 1982 when a warrant of arrest against the applicant was issued and executed and ended on 8 November 1994 when the applicant's acquittal from all charges became final. The overall length of the proceeding is thus about twelve years and five months.        The respondent Government do not submit any justification as to the length of the proceedings. The applicant submits that it 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