CEDH · PRESS;GENERAL;ENG — 17 octobre 2002

.s800EAC49 { font-size:12pt } .s5FFF0A77 { margin-top:0pt; margin-bottom:0pt; font-size:1pt } .sBB9EE52A { font-family:Arial } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .s29100277 { font-family:Arial; font-weight:bold } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s94935B0F { width:389.85pt; display:inline-block } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .sCB9E0544 { margin-top:0pt; margin-bottom:0pt; text-align:left } .s69BE285C { margin-top:0pt; margin-left:85.05pt; margin-bottom:0pt; text-indent:-85.05pt } .s18D96D33 { width:15.69pt; text-indent:0pt; display:inline-block } .sBF401EEE { width:32.35pt; text-indent:0pt; display:inline-block } .s61E420C2 { font-family:Arial; font-variant:small-caps } .sDB4005FE { font-family:Arial; font-size:8pt; font-variant:small-caps } .s2C557472 { font-family:Arial; font-weight:bold; font-style:italic; font-variant:small-caps } .s76CF415B { page-break-before:always; clear:both } .s3964C3A3 { width:1.36pt; display:inline-block } .s901C2590 { width:56.7pt; display:inline-block } .sA36B60A1 { font-family:Arial; font-style:italic }   EUROPEAN COURT OF HUMAN RIGHTS     503   17.10.2002   Press release issued by the Registrar   CHAMBER HEARING ON THE MERITS IN THE CASES OF CORDOVA v. ITALY   Thursday 17 October 2002 at 2.30 p.m.   The applicant   The cases concern two applications (nos. 40877/98 and 45649/99) brought by Agostino Cordova, an Italian national who was born in 1936 and lives in Naples. At the material time he was a public prosecutor in Palmi.   Summary of the facts   Cordova (no. 1)     The first application (no. 40877/98) concerns events which occurred in 1993 during an investigation conducted by the applicant as part of his duties. The person under investigation had had dealings with Francesco Cossiga, a former President of Italy who had become a “senator for life”. Mr Cossiga sent the applicant a number of sarcastic letters and gave him some toys as a present. The applicant considered that his honour and reputation had been injured and lodged a criminal complaint against Mr Cossiga, who was prosecuted for insulting a public official. The applicant applied to join the proceedings as a civil party in June 1997.   The Senate considered that the acts of which Mr Cossiga was accused were covered by the immunity provided for in Article 68 § 1 of the Italian Constitution, as his opinions had been expressed in the performance of his parliamentary duties. Pursuant to that provision, the Messina magistrate held that the accused had no case to answer. The applicant asked the public prosecutor to appeal against that judgment, but his request was refused on the ground that the reasons given by the Senate were neither illogical nor manifestly arbitrary.   Cordova (no. 2)     The second application (no. 45649/99) concerns comments made at two election rallies in 1994 by Vittorio Sgarbi, a member of the Italian parliament. While speaking at the rallies, Mr Sgarbi launched a personal attack on the applicant in offensive terms. The applicant lodged a criminal complaint alleging aggravated defamation and applied to join the proceedings as a civil party.   Mr Sgarbi was sentenced to two months’ imprisonment and ordered to pay damages. The magistrate held that his comments had not been made in the performance of his parliamentary duties and were therefore not covered by the parliamentary immunity provided for in Article   68 § 1 of the Constitution. The accused appealed unsuccessfully against that judgment. He then appealed to the Court of Cassation, which directed that the proceedings should be stayed and the matter referred to the Chamber of Deputies. The Chamber of Deputies expressed the view that Mr Sgarbi had been acting in the performance of his duties. In a judgment of 6 May 1998 the Court of Cassation quashed the trial and appeal courts’ decisions, holding that the Chamber of Deputies’ broad interpretation of the concept of “parliamentary duties”, encompassing all acts of a political nature, even outside Parliament, was not manifestly at variance with the spirit of the Constitution.   Complaints   Relying on Article 6 § 1 (right to a fair hearing) and Article 13 (right to an effective remedy) of the European Convention on Human Rights, the applicant complains that the proceedings before the Messina magistrate and the Court of Cassation were unfair. On the basis of Article 14 (prohibition of discrimination), he also complains of the degree of freedom of expression enjoyed by Mr Cossiga and Mr Sgarbi. In its decisions of admissibility of 13 June 2002 the Chamber took the view that the principal question raised by the applications was whether the applicant had enjoyed the right of access to a court, guaranteed by Article 6 § 1 of the Convention.   Procedure   The applications were lodged with the European Commission of Human Rights on 23 April 1998 and 31 October 1998 respectively. They were transmitted to the Court on 1 November 1998 and declared admissible on 13 June 2002.   Composition of the Court   The case will be heard by a Chamber composed as follows:   Christos Rozakis (Greek), President , Françoise Tulkens (Belgian) Giovanni Bonello (Maltese), Nina Vajić (Croatian), Snejana Botoucharova (Bulgarian), Anatoli Kovler (Russian), Vladimiro Zagrebelsky (Italian), judges , Peer Lorenzen (Danish), Egil Levits (Latvian, Elisabeth Steiner (Austrian), substitute judges , and also Erik Fribergh , Section Registrar .   Representatives of the parties   Government:   Francesco Crisafulli , Co-Agent ;   Applicant:   Giuseppe Minieri , Counsel, Maurizio Mengassini , C olleague .   ***   After the hearing the Court will begin its deliberations, which are held in private. Judgment will be delivered at a later date.   Registry of the European Court of Human Rights F – 67075 Strasbourg Cedex Contacts:   Roderick Liddell (telephone: +00 33 (0)3 88 41 24 92)   Emma Hellyer (telephone: +00 33 (0)3 90 21 42 15)   Stéphanie Klein (telephone: +00 33 (0)3 88 41 21 54) Fax: +00 33 (0)3 88 41 27 91   The European Court of Human Rights was set up in Strasbourg in 1959 to deal with alleged violations of the 1950 European Convention on Human Rights. On 1 November 1998 a full-time Court was established, replacing the original two-tier system of a part-time Commission and Court.