CASES OF FERRARA AND DE LORENZO v. ITALY - 40282/98;40283/98

The European Court of Human Rights (Second Section), sitting as a Chamber composed of:

The case originated in two applications (nos. 40282/98 and 40283/98) against Italy lodged with the European Commission of Human Rights (“the Commission”) under former Article 25 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by two Italian nationals, Mr Salvatore Ferrara and Mr Mario De Lorenzo (“the applicants”), on 27 and 26 February 1998 respectively. The applicants are represented by Mr S. Ferrara, a lawyer practising in Benevento. The Italian Government is represented by their Agent, Mr U. Leanza.

The applicants complained under Article 6 § 1 of the Convention about the length of a set of criminal proceedings. On 2 July 1998 the Commission (First Chamber) decided to join the applications and to give notice of them to the respondent Government, who were invited to submit their observations on the admissibility and merits of the applications. The Government submitted their observations on 6 November 1998 to which the applicants replied on 16 January 1999.

Following the entry into force of Protocol No. 11 to the Convention on 1 November 1998 and in accordance with the provisions of Article 5 § 2 thereof, the applications were transferred to the Court.

In accordance with Rule 52 § 1 of the Rules of Court, the President of the Court, Mr L. Wildhaber, assigned the case to the Second Section. The Chamber constituted within the Section included ex officio Mr B. Conforti, the judge elected in respect of Italy (Article 27 § 2 of the Convention and Rule 26 § 1 (a) of the Rules of Court), and Mr C. L. Rozakis, the President of the Section (Rule 26 § 1 (a)). The other