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Case Law 45836/1999 (15/10/2007)

Type: Judgment

Authority: European Authorities: European Court of human rights

Date: 10/15/2007

Subject: Relying on Article 6 § 1 (right to a fair trial within a reasonable time), the applicants complained of the length of the criminal proceedings against them and considered that the rejection of their claims under the “Pinto” procedure was contrary to the Court’s case-law. They further alleged that the “Pinto” procedure did not constitute an effective remedy within the meaning of Article 13 (right to an effective remedy). The Court noted that the proceedings at issue had lasted six years and six days. It considered such a period to be excessive and held unanimously that there had been a violation of Article 6 § 1. At the same time, it reiterated its previous finding that the remedy before the Italian courts of appeal introduced by the Pinto Act was accessible and that there was no reason to question its effectiveness. It observed, that in the applicants’ case, Rome Court of Appeal and the Court of Cassation had had jurisdiction to rule on the applicants’ complaint and had duly examined it. The Court therefore held unanimously that there had been no violation of Article 13.

Parties: Capone e Centrella c/ Italia

Classification: Justice - Art. 47 Right to an effective remedy before a tribunal - General provisions - Art. 52 Scope of guaranteed rights