URGESI AND OTHERS v. ITALY - 46530/09 (Judgment : Article 6 - Right to a fair trial : First Section) French Text [2023] ECHR 472 (08 June 2023)

URGESI AND OTHERS v. ITALY - 46530/09 (Judgment : Article 6 - Right to a fair trial : First Section) French Text [2023] ECHR 472 (08 June 2023)

The participation of judge U. M., who had previously acted as prosecutor in the criminal proceedings concerning the same or closely related facts and persons, as rapporteur in the preventive measures appeal, gave rise to objectively justified doubts as to the impartiality of the court. The Court of Cassation did not...

Source-derived case information.

Citation
[2023] ECHR 472
Parties
Applicant: Roberto Urgesi; Applicant: Vincenzo Albano; Applicant: Giuseppe Florio; Applicant: Lucia Boccuni; Applicant: Assunta Esposito; Applicant: Maria Fanelli; Applicant: Ciro Florio; Applicant: Filomena Spinelli; Respondent: Republic of Italy
Jurisdiction
European Union
Procedural Posture
Application to European Court of Human Rights / Final Judgment
Outcome
violation of Article 6 § 1 (right to a fair trial)
Legal Topics
Right to a Fair Trial, Judicial Impartiality, Preventive Measures, Confiscation of Property
Human Rights Civil Procedure Right to a Fair Trial Judicial Impartiality Preventive Measures Confiscation of Property

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Parties

Roberto Urgesi

Applicant

Vincenzo Albano

Applicant

Giuseppe Florio

Applicant

Lucia Boccuni

Applicant

Assunta Esposito

Applicant

Maria Fanelli

Applicant

Ciro Florio

Applicant

Filomena Spinelli

Applicant

Republic of Italy

Respondent

Procedural Posture

Application to European Court of Human Rights / Final Judgment

  1. 1 Whether the presence of a judge who previously acted as prosecutor in related criminal proceedings violates impartiality under Article 6 § 1
  2. 2 Whether the applicants had access to effective remedies for challenging judicial impartiality

Ratio Decidendi

The participation of judge U. M., who had previously acted as prosecutor in the criminal proceedings concerning the same or closely related facts and persons, as rapporteur in the preventive measures appeal, gave rise to objectively justified doubts as to the impartiality of the court. The Court of Cassation did not remedy this procedural defect. Therefore, there was a violation of Article 6 § 1 of the Convention.

Court Disposition

violation of Article 6 § 1 (right to a fair trial)

Orders

  • State must pay Roberto Urgesi, Vincenzo Albano, and Giuseppe Florio €2,500 each for moral damages, plus any applicable tax, within three months of finality.
  • Interest at ECB marginal lending rate plus three percentage points applies after deadline.