F.C.B. & Ors v Italy - 12151/86 [2011] ECHR 1612 (08 August 2011)

F.C.B. & Ors v Italy - 12151/86 [2011] ECHR 1612 (08 August 2011)

Italy's previous in absentia procedures violated Article 6 ECHR as applicants were not shown to have waived their right to appear or defend themselves, and lacked effective remedies to challenge their convictions. Subsequent legislative and jurisprudential reforms, including the amendment of Article 175 CPP and recognition of the direct effect of ECHR judgments, now provide adequate remedies and prevent recurrence, satisfying Italy's obligations under Article 46 ECHR.

Citation
[2011] ECHR 1612
Parties
Applicant: F. C. B.; Applicant: Ali; Applicant: Hu; Applicant: Pititto; Applicant: Zunic; Respondent: Italy
Jurisdiction
European Union
Judgment Date
08 August 2011
Procedural Posture
European Court of Human Rights Application and Execution Proceedings / Execution of Judgment and Closure by Committee of Ministers
Outcome
Examination of the cases closed; Italy found to have complied with its obligations under Article 46 ECHR.
Legal Topics
In Absentia Criminal Proceedings, Right to Fair Trial, Article 6 ECHR, Remedies for Unfair Trial, Execution of ECHR Judgments
Criminal Law Human Rights Law International Law In Absentia Criminal Proceedings Right to Fair Trial Article 6 ECHR Remedies for Unfair Trial Execution of ECHR Judgments

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Parties

F. C. B.

Applicant

Ali

Applicant

Hu

Applicant

Pititto

Applicant

Zunic

Applicant

Italy

Respondent

Procedural Posture

European Court of Human Rights Application and Execution Proceedings / Execution of Judgment and Closure by Committee of Ministers

Legal Issues

  1. 1 Whether Italy violated Article 6 ECHR by conducting in absentia criminal proceedings without adequate safeguards for the applicants to defend themselves
  2. 2 Whether the remedies provided by Italy after the ECHR judgments were sufficient to comply with Article 46 ECHR

Ratio Decidendi

Italy's previous in absentia procedures violated Article 6 ECHR as applicants were not shown to have waived their right to appear or defend themselves, and lacked effective remedies to challenge their convictions. Subsequent legislative and jurisprudential reforms, including the amendment of Article 175 CPP and recognition of the direct effect of ECHR judgments, now provide adequate remedies and prevent recurrence, satisfying Italy's obligations under Article 46 ECHR.

Court Disposition

Examination of the cases closed; Italy found to have complied with its obligations under Article 46 ECHR.

Orders

  • Committee of Ministers declares that it has exercised its functions under Article 46(2) ECHR and closes the examination of these cases.