Type: Judgment

Authority: European Authorities: European Court of human rights

Date: 11/13/2007

Subject:  Relying on Article 6 § 1 (right to a fair hearing) of the Convention, the applicants complained that the proceedings on the application of preventive measures against Gianfranco Bocellari had not been public in nature. The Court reiterated that the public character of proceedings before the judicial bodies protected litigants against the administration of justice in secret with no public scrutiny and was also one of the means whereby confidence in the courts, superior and inferior, could be maintained. It considered it essential that the litigants in proceedings for the application of preventive measures were offered, at the least, the opportunity to request a public hearing before the specialised divisions of the ordinary and appeal courts. Noting that the applicants in the present case had not had such an opportunity, it concluded unanimously that there had been a violation of Article 6 § 1. It also held that the finding of a violation constituted in itself sufficient just satisfaction for the non-pecuniary damage sustained by the applicants and awarded them 2,000 euros (EUR) for costs and expenses.

Parties: Bocellari e Rizza c/ Italia

Classification: Justice - Art. 47 Right to an effective remedy before a tribunal - Fair trial, public hearing