MAESTRI AND OTHERS v. ITALY - 20903/15 (Judgment : Right to a fair trial : First Section) French Text [2021] ECHR 612 (08 July 2021)

MAESTRI AND OTHERS v. ITALY - 20903/15 (Judgment : Right to a fair trial : First Section) French Text [2021] ECHR 612 (08 July 2021)

The appellate court violated Article 6 § 1 ECHR by convicting the applicants for criminal association without directly hearing them or key witnesses on decisive facts and intent, especially as the applicants had not unequivocally waived this right and the appellate court re-evaluated factual and subjective elements...

Source-derived case information.

Citation
[2021] ECHR 612
Parties
Applicant: Cristina Maestri; Applicant: Giovanni Robusti; Applicant: Denis Maero; Applicant: Francesco Robasto; Applicant: Antonino Bedino; Applicant: Celestino Giletta; Applicant: Gianfranco Taricco; Respondent: Republic of Italy
Jurisdiction
European Union
Procedural Posture
Application to the European Court of Human Rights / Judgment After Full Hearing
Outcome
Violation of Article 6 § 1 ECHR found; just satisfaction awarded.
Legal Topics
Right to a Fair Trial, Appeal Procedure, Reformatio in Pejus, Article 6 ECHR, Criminal Association, Fraud, Procedural Safeguards
Human Rights Law Criminal Procedure Right to a Fair Trial Appeal Procedure Reformatio in Pejus Article 6 ECHR Criminal Association Fraud +1 more

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Parties

Cristina Maestri

Applicant

Giovanni Robusti

Applicant

Denis Maero

Applicant

Francesco Robasto

Applicant

Antonino Bedino

Applicant

Celestino Giletta

Applicant

Gianfranco Taricco

Applicant

Republic of Italy

Respondent

Procedural Posture

Application to the European Court of Human Rights / Judgment After Full Hearing

  1. 1 Whether the applicants' right to a fair trial under Article 6 § 1 ECHR was violated by the appellate court's failure to order a new hearing of the applicants and key witnesses before overturning acquittals and convicting them.

Ratio Decidendi

The appellate court violated Article 6 § 1 ECHR by convicting the applicants for criminal association without directly hearing them or key witnesses on decisive facts and intent, especially as the applicants had not unequivocally waived this right and the appellate court re-evaluated factual and subjective elements essential to guilt.

Court Disposition

Violation of Article 6 § 1 ECHR found; just satisfaction awarded.

Orders

  • Joins the applications.
  • Declares the applications admissible.