ERRIGO v. ITALY - 39789/98

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

The case originated in an application (no. 39789/98) 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 an Italian national, Mr Raffaele Errigo (“the applicant”), on 26 January 1998. The applicant is represented by Mr Domenico Callea, a lawyer practising in Reggio Calabria. The Italian Government (“the Government”) are represented by their Agent, Mr U. Leanza.

The applicant complained under Article 6 § 1 of the Convention about the length of the criminal proceedings brought against him. On 27 October 1998 the Commission (First Chamber) decided to give notice of the application to the Government and invited them to submit their observations on its admissibility and merits. The Government submitted their observations on 26 February 1999 to which the applicant replied on 11 March 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 application was transferred to the Court.

In accordance with Rule 52 § 1 of the Rules of the 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 the Court), and Mr C. Rozakis, the President of the Section (Rule 26 § 1 (a)). The other members designated by the latter to complete the Chamber were Mr M. Fischbach, Mr G. Bonello, Mrs V. Strážnická, Mr P. Lorenzen and Mrs M. Tsatsa-Nikolovska.