CEDH · CASELAW;CLIN;ENG — 7 août 1996

.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 } .s9FF10068 { margin-top:0pt; margin-bottom:12pt } .sA36B60A1 { font-family:Arial; font-style:italic } .s5F48796F { margin-top:12pt; margin-bottom:0pt; text-align:justify } .s85F2E5C5 { width:30.44pt; display:inline-block } .s6863D229 { width:26pt; display:inline-block } .s90A93616 { width:27.66pt; display:inline-block } .sBDAE81C4 { width:27.67pt; display:inline-block } .s49A78FE0 { width:26.55pt; display:inline-block } .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 } .s7ED160F0 { text-decoration:none } .s3DC36BA9 { font-family:Arial; text-decoration:underline; color:#0069d6 } Information Note on the Court’s case-law No. August 1996 Ferrantelli and Santangelo v. Italy - 19874/92 Judgment 7.8.1996 Article 6 Criminal proceedings Article 6-1 Fair hearing Reasonable time Length and fairness of criminal proceedings against minors: violation; no violation Impartial tribunal Composition of a juvenile court: violation [This summary is extracted from the Court’s official reports (Series A or Reports of Judgments and Decisions). Its formatting and structure may therefore differ from the Case-Law Information Note summaries.] I.   ARTICLE 6 OF THE CONVENTION A.   Reasonable time 1.   Period to be taken into consideration Starting point: applicants' arrest. End: deposit of Court of Cassation's judgment in the registry. Total: sixteen years and two weeks. 2.   Overall assessment of reasonableness Case undoubtedly a complex one having regard to nature of charges and problems in determining jurisdiction for offences committed by minors acting in concert with adults. Different phases of proceedings conducted at a regular pace, except for inexplicable period of stagnation of nearly two years during first investigation. Taken as whole, decisive consideration that the applicants were convicted with final effect after sixteen years of proceedings, which had commenced when they were still minors. Conclusion : violation (unanimously). B.   Fair trial 1.   Confessions allegedly obtained under duress Article 3 of the Convention not relied on by the applicants. Trapani Assize Court: quashed applicants' committal for trial and ordered additional investigative measures to determine truth of allegations and identity of the perpetrators of the alleged ill-treatment. Investigating judge: found no case to answer on account of doubts as to the cause of the injuries. Evidence adduced did not provide sufficient basis for the Court to depart from findings of judge responsible for the investigation. 2.   Impossibility of examining or having examined G.V. (prosecution witness) Judicial authorities did not, as would have been preferable, organise a confrontation between all the accused before G.V.'s death, but they could not be held responsible for latter event. Juvenile Section of Caltanisetta Court of Appeal carried out detailed analysis of prosecution witness's statements and found them to be corroborated by a series of other items of evidence. Conclusion : no violation (unanimously). C.   Impartial tribunal Subjective test: applicants did not question personal impartiality of judge concerned. Objective test: judgment of Caltanisetta Assize Court of Appeal, presided over by S.P, contained numerous references to the applicants and their respective roles in carrying out the attack – judgment of the Juvenile Section of the Caltanisetta Court of Appeal in convicting the applicants (S.P. being president and reporting judge) cited extracts from decision of the Assize Court of Appeal – hence applicants' fears objectively justified. Conclusion : violation (eight votes to one). II.   ARTICLE 50 OF THE CONVENTION A.   Damage Failure to comply with time-limit for submission of claims for just satisfaction. Conclusion : claim dismissed (unanimously). B.   Costs and expenses In the domestic courts: no claim for reimbursement. Before the Court: legal aid granted and no claim for reimbursement.   © 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