CEDH · CASELAW;DECISIONS;SCREENINGPANEL;ENG — 15 janvier 1997

.sDD6737AE { font-size:11pt } .s211D6B00 { margin-top:0pt; margin-bottom:0pt; line-height:normal; widows:0; orphans:0; font-size:8.5pt } .sBB9EE52A { font-family:Arial }       In the case of Salerno v. Italy (no. 2) (1),        The Screening Panel of the European Court of Human Rights, constituted in accordance with Article 48 para. 2 (art. 48-2) of the Convention for the Protection of Human Rights and Fundamental Freedoms ("the Convention") and Rule 26 of Rules of Court B (2), _______________ Notes by the Registrar   1.   The case is numbered 132/1996/751/950.   The first number is the case's position on the list of cases referred to the Court in the relevant year (second number).   The last two numbers indicate the case's position on the list of cases referred to the Court since its creation and on the list of the corresponding originating applications to the Commission.   2.   Rules of Court B, which came into force on 2 October 1994, apply to all cases concerning the States bound by Protocol No. 9 (P9). ________________        Sitting in private at Strasbourg on 2 December 1996, and composed of the following judges:        Mr A. Spielmann, Chairman,      Mr C. Russo,      Mr J. De Meyer,   and also of Mr H. Petzold, Registrar,        Having regard to the application against the Italian Republic lodged with the Court on 15 October 1996 by an Italian national, Mr Vincenzo Salerno, within the three-month period laid down by Article 32 para. 1 and Article 47 of the Convention (art. 32-1, art. 47);        Whereas Italy has recognised the compulsory jurisdiction of the Court (Article 46 of the Convention (art. 46)) and ratified Protocol No. 9 to the Convention (P9), Article 5 (P9-5) of which amends Article 48 of the Convention (art. 48) so as to enable a person, non-governmental organisation or group of individuals having lodged a complaint with the European Commission of Human Rights ("the Commission") to refer the case to the Court;        Noting that the present case has not been referred to the Court by either the Government of the respondent State or the Commission under Article 48 para. 1 (a) or (d) of the Convention (art. 48-1-a, art. 48-1-d);        Having regard to the Commission's report of 26 June 1996 on the application (no. 21567/93) lodged with the Commission by Mr Salerno on 19 February 1993;        Whereas the applicant complained of the length of criminal proceedings which had been brought against him before the Italian courts and that he had not had a fair trial in that the Court of Appeal had refused to examine witnesses on his behalf, and alleged breaches of Article 6 paras. 1 and 3 (d) of the Convention (art. 6-1, art. 6-3-d), under which "In the determination of ... any criminal charge against him, everyone is entitled to a fair ... hearing within a reasonable time by [a] ... tribunal ..." and "Everyone charged with a criminal offence has the following minimum rights: ... (d) to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him";        Whereas the Commission declared admissible only the complaint relating to the length of the proceedings and declared the remainder of the application inadmissible;        Whereas the applicant, in specifying the object of his application, as required by Rule 34 para. 1 (a) of Rules of Court B, stated that he sought interpretation by the Court of Articles 26 (art. 26) (as to the final nature of the Rome Court of Appeal's judgment) and 6 para. 1 (art. 6-1) (as to the length of the proceedings) of the Convention, in order to obtain recognition that the alleged delays arose from a series of circumstances that had aggravated the pecuniary damage sustained;        Having regard to Article 48 of the Convention (art. 48) and Rule 34 paras. 1 (a), 3 and 4 of Rules of Court B,   1.    Finds that     (a) the request relating to Article 26 (art. 26) is of no interest      in this case;     (b) the case raises no serious question affecting the interpretation      or application of the Convention, as the Court has already      established case-law on the "reasonable time" requirement in      Article 6 para. 1 of the Convention (art. 6-1); and     (c) the case does not, for any other reason, warrant consideration      by the Court as, in the event of a finding that there has been      a breach of the Convention, the Committee of Ministers of the      Council of Europe can award the applicant just satisfaction,      having regard to any proposals made by the Commission;   2.    Decides, therefore, unanimously, that the case will not be      considered by the Court.        Done in English and in French, and notified in writing on 15 January 1997 pursuant to Rule 34 para. 4 of Rules of Court B.   Signed: Alphonse SPIELMANN         Chairman   Signed: Herbert PETZOLD         Registrar