CEDH · PRESS;GENERAL;ENG — 4 mars 2003

.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 } .sA36B60A1 { font-family:Arial; font-style:italic } .sCB9E0544 { margin-top:0pt; margin-bottom:0pt; text-align:left } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .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 } .s6B9E1CAA { width:113.4pt; text-indent:0pt; display:inline-block } .sE6DBAC81 { width:90.41pt; display:inline-block } .sED15A3A3 { width:35.08pt; display:inline-block } .s7FAB69C { font-family:Arial; font-weight:bold; color:#0000ff } .s3964C3A3 { width:1.36pt; display:inline-block } .s901C2590 { width:56.7pt; display:inline-block }   EUROPEAN COURT OF HUMAN RIGHTS     118   4.3.2003   Press release issued by the Registrar   CHAMBER HEARING ON THE ADMISSIBILITY AND MERITS IN THE CASE OF SOFRI & OTHERS v. ITALY   Tuesday 4 March 2003 at 9.30 a.m.     The applicants Adriano Sofri, Ovidio Bompressi and Giorgio Pietrostefani are Italian nationals, born in 1942, 1947 and 1943 respectively. Mr Sofri was sentenced to 22 years’ imprisonment for murder and is in Pisa Prison. Enforcement of Mr Bompressi’s sentence has been stayed on health grounds. Mr Pietrostefani cannot currently be found.   Summary of the facts On 17 May 1972 a chief police officer Calabresi was shot dead in Milan by a man who escaped in a stolen car. Mr Calabresi had been known to the public ever since he was accused, during extreme left-wing demonstrations, of throwing an anarchist out of a window after questioning him in 1969. Investigations carried out after his murder proved unsuccessful.   On 20 July 1988 Leonardo Marino gave himself up at the police station. He stated that he had taken part in the murder of chief police officer Calabresi on the orders of Mr Sofri and Mr   Pietrostefani, leaders of the left-wing political movement “ Lotta continua ”, after a decision of its Executive Committee. He also accused Mr Bompressi of being the murderer. On 28 July 1988 the applicants were arrested. They were released on 18 October 1988 and committed for trial at Milan Assize Court on 5 August 1989 on charges of murder and armed robbery. At their request, the time allowed for preparing their defence and consulting the 12,000-page prosecution file was extended from 10 days to 26. During the trial it emerged that certain evidence was unavailable because it had been lost or destroyed.   On 2 May 1990 the Assize Court sentenced the applicants to 22 years’ imprisonment and Mr   Marino to the lesser term of 11 years because he had co-operated with the judicial authorities. It found that Mr Marino was a reliable witness and that his statements had been confirmed by a substantial amount of other evidence.   Giving judgment after a rehearing pursuant to a decision of the Court of Cassation, the Assize Court of Appeal acquitted the applicants and Mr Marino on 21 December 1993. The judgment, which was drafted by Mr Pincione, found that Mr Marino’s statements had been accurate and consistent, but expressed doubts about some factual circumstances insufficiently confirmed by other evidence and which were “obscure points” in Mr Marino’s version. Mr   Sofri lodged a criminal complaint against the judge but the public prosecutor’s office decided not to prosecute.   On an appeal by the Principal Public Prosecutor, the Court of Cassation quashed the Assize Court of Appeal’s judgment on 27 October 1994 on the ground that it was illogical, contradictory and inadequate. He remitted the case to another division of Milan Assize Court of Appeal, which gave judgment on 11 November 1995 sentencing the applicants to 22 years’ imprisonment and acquitting Mr Marino on the ground that the offence had become time-barred. The applicants appealed to the Court of Cassation, which dismissed their appeal on 22 January 1997.   Having learned that, according to two members of the jury, the President of the Assize Court of Appeal, Mr Della Torre, had encouraged the jurors to change their vote so as to secure a conviction against the applicants, Mr Sofri lodged a criminal complaint against him for misuse of his powers. No action was taken further to his complaint.   Alleging that fresh evidence showed that Mr Marino was not a reliable witness and that they should have been acquitted, the applicants sought leave to apply for a retrial. Their application was granted by the Court of Appeal after a rehearing pursuant to a decision of the Court of Cassation. During the hearing of their application the applicants requested evidence to be heard from Mrs Bistolfi, who was Mr Marino’s girlfriend. She chose to exercise her right to silence. In a judgment of 24 January 2000 the court dismissed the application for a retrial on the ground that the evidence submitted did not justify acquitting the appellants. Mr Sofri and Mr   Pietrostefani unsuccessfully appealed to the Court of Cassation.   Complaints Relying on Article 6 (right to a fair trial) of the European Convention of Human Rights, the applicants complain of the unfairness of the criminal proceedings against them and of the national courts’ lack of impartiality. They also complain of the unfairness of the proceedings on their application for a retrial and of their inability to have Mrs Bistolfi cross-examined. Lastly, under Article 5 § 2 (right to liberty and security), Mr Bompressi complains that he was not informed promptly of the reasons for his arrest.   Procedure The application was lodged with the European Commission of Human Rights on 21 July 1997 and transmitted to the Court on 1 November 1998.   Composition of the Court The case will be heard by a Chamber composed as follows:   Nicolas Bratza (British), President , Matti Pellonpää (Finnish), Elisabeth Palm (Swedish), Marc Fischbach (Luxemburger), Josep Casadevall (Andorran), Vladimiro Zagrebelsky (Italian), Stanislav Pavlovschi (Moldovan), judges , Javier Borrego Borrego (Spanish), Viera Strážnická (Slovakian), Rait Maruste (Estonian), Lech Garlicki (Polish), substitute judges , and also Michael O’Boyle , Section Registrar . Representatives of the parties   Government:     Francesco Crisafulli, Deputy co-Agent ;   Applicants:   for Mr Pietrostefani:   Jean Jacques de Felice, Irène Terrel , Counsel for Mr Bompressi and Mr Sofri:   Alessandro Gamberini , Marina Silvia Mori and Bruno Nascimbene, Counsel .   ***   After the hearing the Court will begin its deliberations, which are held in private. A decision on admissibility - and, if appropriate, a 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.