CEDHPRESS;CHAMBERJUDGMENTS;ENG
CEDH · PRESS;CHAMBERJUDGMENTS;ENG — 26 avril 2001
- ECLI
- ECLI:CEDH:003-68340-68808
- Date
- 26 avril 2001
- Publication
- 26 avril 2001
droits fondamentauxCEDH
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.s800EAC49 { font-size:12pt } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .s29100277 { font-family:Arial; font-weight:bold } .sA1D3DA2E { margin-top:0pt; margin-bottom:0pt; text-align:justify } .s94935B0F { width:389.85pt; display:inline-block } .sBB9EE52A { font-family:Arial } .sE0D34C67 { font-family:Arial; font-size:11pt; font-weight:bold; font-style:italic } .s4BAE41EE { font-family:Arial; font-size:11pt } .s7ED160F0 { text-decoration:none } .s33165EBA { font-family:Arial; font-size:8pt; vertical-align:super; color:#0069d6 } .s2E932ED2 { margin-top:0pt; margin-bottom:0pt; font-size:11pt } .s43F1FB22 { width:2.71pt; display:inline-block } .s23A41E03 { width:36pt; display:inline-block } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .sAB5A4959 { width:17.38pt; display:inline-block } .sA36B60A1 { font-family:Arial; font-style:italic } .sA200A2C7 { width:12.49pt; display:inline-block } .s70AA3140 { width:328.89pt; display:inline-block } .sADADF4A7 { font-family:Arial; text-decoration:underline } .s37CDBE05 { margin-top:0pt; margin-bottom:0pt; page-break-inside:avoid; page-break-after:avoid } .sCB27B9E { width:16.66pt; display:inline-block } .sC5412BEF { width:51.05pt; display:inline-block } .sF6A12959 { width:33%; height:1px; text-align:left } .s85226119 { margin-top:0pt; margin-bottom:0pt; text-align:justify; font-size:10pt } .s653E6C45 { font-family:Arial; font-size:6.67pt; vertical-align:super; color:#0069d6 } .s2EB42ED2 { margin-top:0pt; margin-bottom:0pt; font-size:10pt } EUROPEAN COURT OF HUMAN RIGHTS     305   26.4.2001   Press release issued by the Registrar   CHAMBER JUDGMENTS CONCERNING Italy and France   The European Court of Human Rights has today notified in writing the following Chamber judgments (only Hababou v. France and Lemort v. France are final [1] ):   Section 4   (1)   Hababou v. France (48167/99)                     Friendly settlement Jacques Michaël Hababou, a French national, complained, under Article 6 § 1 (right to a determination of civil rights within a reasonable time) of the European Convention on Human Rights, of the length of the administrative proceedings to which he was a party (lasting nearly three years and seven months). The case has been struck out, following a friendly settlement in which the applicant is to be paid 38,000 French francs (FRF). (The judgment is available only in French.)   Section 3   (2)   Meftah v. France (32911/96)                  Violation Article 6 § 1 Nouredine Meftah, a French national, complained in relation to criminal proceedings against him before the Court of Cassation, in which he defended himself.   He complained that he was not summoned to the Cassation Court hearing, which prevented him from replying to the Avocat Général’s conclusions. The European Court of Human Rights held unanimously that there had been a violation of Article 6 § 1 (right to a fair trial) of the Convention and awarded the applicant FRF 2,398 for pecuniary damage (his cost and expenses before the Court of Cassation). (The judgment is available only in French.)   (3)   Lemort v. France (47631/99)                      Friendly settlement Jacques, Gérard and Catherine Lemort, all French nationals, complained, under Article 6 § 1, of the excessive length of the administrative proceedings (lasting over five years and seven months and still pending) relating to the death of their wife and mother, who contracted the AIDS virus when having a blood transfusion. The case has been struck out following a friendly settlement in which the applicants are to be paid FRF 202,500. (The judgment is available only in French.)   Section 2   Violation Article 6 § 1 The applicants in the following 19 Italian cases complained about the length of the criminal proceedings (the periods taken into consideration by the Court are indicated below) against them, relying on Article 6 § 1 (right to a fair trial within a reasonable time).   The European Court of Human Rights held unanimously in each case, except Di Donato and   others v. Italy (by four votes to three), that there had been a violation of Article 6 § 1. The amounts in Italian lire (ITL) for non-pecuniary damage, costs and expenses are listed below. (Judgments 4,6,8,13,15,17,19 and 20 are available only in English and the remaining judgments are available only in French).   (4)    Ferrarin v. Italy (34203/96) (five years, ten months and 21 days for three levels of jurisdiction) ITL 8,000,000 for non-pecuniary damage and ITL 5,000,000 for costs and expenses (5)   Aggiato v. Italy ( 35207/97) (four years, ten months and 16 days and still pending on 17 October 2000) ITL 16,000,000 for non-pecuniary damage (6)   Davinelli v. Italy ( 39714/98) (14 years and one month) ITL 45,000,000 for non-pecuniary damage and ITL 5,000,000 for costs and expenses (7)   Cancellieri v. Italy (39997/98)   (five years, ten months and six days for three levels of jurisdiction) ITL 10,000,000 for non-pecuniary damage and ITL 5,000,000 for costs and expenses (8)   F.C. v. Italy (40457/98) (six years, six months and 17 days for two levels of jurisdiction) ITL 16,000,000 for non-pecuniary damage and ITL 500,000 for costs and expenses (9)   Ialongo v. Italy (40458/98) (four years, eight months and 21 days) ITL 12,000,000 for non-pecuniary damage and ITL 4,525,276 for costs and expenses (10)   Iarrobino and de Nisco v. Italy (40662/98) (six years and six days for two levels of jurisdiction) to each applicant ITL 12,000,000 for non-pecuniary damage and ITL 6,000,000 for costs and expenses (11) Rotellini and Barnabei v. Italy (40693/98) (four years, one month and ten days for the female applicant and four years, one month and two days for the male applicant) to each applicant ITL 12,000,000 for non-pecuniary damage and ITL 6,000,000 for costs and expenses (12)   Guarino v. Italy (41275/98) (approximately 12 years for two levels of jurisdiction) No request for just satisfaction was submitted within the required time limit. (13)   Di Donato and others v. Italy (41513/98) (four years, three months and 29 days) to each applicant ITL 12,000,000 for non-pecuniary damage and ITL 8,000,000 for costs and expenses (14)   Maurano v. Italy (43350/98) (11 years, 10 months and nine days for two levels of jurisdiction) ITL 25,000,000 for non-pecuniary damage and ITL 5,000,000 for costs and expenses (15)   Schiappacasse v. Italy (43536/98) (five years, ten months and 25 days) ITL 16,000,000 for non-pecuniary damage and ITL 5,000,000 for costs and expenses (16)   Matera v. Italy (43635/98) (five years, two months and 16 days) ITL 13,000,000 for non-pecuniary damage and ITL 5,000,000 for costs and expenses (17)   Arganese v. Italy (44970/98) (four years, nine months and three days) ITL 13,000,000 for non-pecuniary damage and ITL 5,000,000 for costs and expenses (18)   C.P. v. Italy (44976/98) (four years and one day) ITL 12,000,000 for non-pecuniary damage and ITL 3,886,475 for costs and expenses (19)   Icolaro v. Italy (45260/99) (six years, eight months and 12 days for two levels of jurisdiction) ITL 15,000,000 for non-pecuniary damage and ITL 5,000,000 for costs and expenses (20)   Tommaso Palumbo v. Italy (45264/99) (five years, 11 months and 26 days) ITL 14,000,000 for non-pecuniary damage and ITL 5,000,000 for costs and expenses (21)   S.G., S.M. and P.C. v. Italy (45480/99) (almost five years) to each applicant ITL 13,000,000 for non-pecuniary damage and ITL 8,000,000 for costs and expenses (22)   Motta v. Italy (47681/99) (13 years and 20 days) ITL 30,000,000 for non-pecuniary damage     *** The Court’s judgments are accessible on its Internet site ( http://www.echr.coe.int ).   Registry of the European Court of Human Rights F – 67075 Strasbourg Cedex Contacts:   Roderick Liddell (telephone: (0)3 88 41 24 92)   Emma Hellyer (telephone: (0)3 90 21 42 15) Fax: (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. [1] Under Article 43 of the European Convention on Human Rights, within three months from the date of a Chamber judgment, any party to the case may, in exceptional cases, request that the case be referred to the 17-member Grand Chamber of the Court.   In that event, a panel of five judges considers whether the case raises a serious question affecting the interpretation or application of the Convention or its Protocols, or a serious issue of general importance, in which case the Grand Chamber will deliver a final judgment. If no such question or issue arises, the panel will reject the request, at which point the judgment becomes final. Otherwise Chamber judgments become final on the expiry of the three-month period or earlier if the parties declare that they do not intend to make a request to refer.  Citations
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Synthèse
- Juridiction
- CEDH
- Chambre
- PRESS;CHAMBERJUDGMENTS;ENG
- Date
- 26 avril 2001
- Matière
- droits fondamentaux
Référence
ECLI:CEDH:003-68340-68808
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- Texte intégral
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