CEDH · CASELAW;CLIN;ENG — 20 novembre 2012

.s3ABFC313 { font-size:10pt } .sD4B5322E { margin-top:12pt; margin-bottom:12pt; text-align:justify } .sBB9EE52A { font-family:Arial } .sA241FE93 { margin-top:0pt; margin-bottom:18pt; text-align:justify; page-break-after:avoid; border-bottom:0.75pt solid #000000; padding-bottom:1pt } .s2EF62ED2 { margin-top:0pt; margin-bottom:0pt; font-size:12pt } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .s29100277 { font-family:Arial; font-weight:bold } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s8F2B0B1B { margin-top:12pt; margin-bottom:12pt; page-break-after:avoid; font-size:12pt } .sEB86A30B { margin-top:0pt; margin-bottom:14pt; page-break-after:avoid } .s65B66A85 { margin-top:12pt; margin-bottom:12pt } .sA36B60A1 { font-family:Arial; font-style:italic } .s5F48796F { margin-top:12pt; margin-bottom:0pt; text-align:justify } .s7ED160F0 { text-decoration:none } .s2D3BC823 { font-family:Arial; font-style:italic; text-decoration:underline; color:#0069d6 } .s3DC36BA9 { font-family:Arial; text-decoration:underline; color:#0069d6 } .s8B6C6D43 { margin-top:0pt; margin-bottom:0pt; border-bottom:1pt solid #000000; padding-bottom:1pt } .sDF790F1E { margin-top:12pt; margin-bottom:0pt; text-align:center } Information Note on the Court’s case-law No. 157 November 2012 Alexandre v. Portugal - 33197/09 Judgment 20.11.2012 [Section II] Article 6 Civil proceedings Article 6-1 Civil rights and obligations Undue length of proceedings for removal of conviction from criminal record: Article 6 § 1 applicable Facts – On an unspecified date the applicant was fined for assault. In an application made in May 2004, he asked the court to order that this conviction not be entered in his criminal record. The request was dismissed and he lodged an appeal against that decision. The court of appeal granted his request in May 2008. In January 2009 the applicant asked the court to instruct the national criminal records department to remove the entry concerning his conviction from the criminal record. The court granted his request in October 2010. Law – Article 6 § 1 (a)     Applicability ratione materiae – The Court noted a development in its case-law with regard to the application of Article   6 to cases that did not at first sight appear to concern a civil right but which could have direct and important repercussions on an individual’s private-law rights. In Portugal, a copy of one’s criminal record was required for professional and other purposes, particularly when applying for certain licences. In addition, under the Law of 18   August 1998, copies of criminal records could not contain convictions for first offences resulting in sentences of less than six months’ imprisonment or an equivalent penalty. It had accordingly been legitimate for the applicant to ensure that his conviction would not be included in a criminal record. It seemed clear that “a genuine and serious dispute” existed following the court’s dismissal of the applicant’s request. This dispute had been finally determined when the court of appeal explicitly recognised the applicant’s civil right not to have his conviction entered in his criminal record. Moreover, that decision was consistent with the domestic case-law in this area. In the light of the case-law arising from Enea v. Italy and having regard to the possible consequences at national level resulting from a criminal record, the repercussions for the applicant’s private life were indisputable. Consequently, the complaint concerning the proceedings in respect of the applicant’s criminal record was compatible ratione materiae with Article   6 under its civil head. (b)     Merits – The proceedings in question had lasted 6   years, 5   months and 24   days for two levels of jurisdiction. They had therefore been excessively long and had failed to meet the “reasonable time” requirement. Conclusion : violation (unanimously). Article 41: Claim made out of time. (See Enea v. Italy [GC], no. 74912/01, 19   September 2009, Information Note no.   122 )   © Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court. Click here for the Case-Law Information Notes