Raad van Europa kapittelt Italië in zaak-Dorigo inzake eerlijk proces (en)

Met dank overgenomen van Raad van Europa (RvE) i, gepubliceerd op donderdag 13 oktober 2005.

Strasbourg, 12.10.2005 - In its third Interim resolution (ResDH(2005)85) adopted today in the Dorigo case, the Committee of Ministers deplored the fact that Italy had still taken no measure to remedy the violation of the applicant's right to a fair trial established more than 6 years ago. The Committee firmly recalled Italy's obligations under the European Convention on Human Rights to ensure the adoption of appropriate remedial measures in respect of the applicant.

The Committee furthermore noted that draft laws on reopening of domestic proceedings were pending before the Italian Parliament and called for the prompt adoption of legislation allowing for the reopening of the proceedings against the applicant by domestic courts in conformity with the Convention.

Although the reopening of proceedings is not necessary following all violations of the Convention (cf. Resolution ResDH(2005)86 adopted today in the Lucà v. Italy case), the need for the reopening of Dorigo's proceedings has been stressed since 1999 by the Committee notably in view of the doubts that the violation altered the outcome of the criminal proceedings and of the consequences still suffered by the applicant (see previous Interim resolutions ResDH(2002)30 and (2004)13). The fact that Italy, unlike the majority of member States to the Council of Europe, still does not provide any possibility of reopening remains a major obstacle for its full compliance with the Convention (see the Committee reply to PACE`s recommendation No. 1684 (2004)).

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Under the European Convention on Human Rights, the European Court's judgments require the adoption by the respondent states, under the Committee supervision, of all measures necessary to grant the applicants appropriate redress and to prevent new similar violations in future (http://www.coe.int/T/E/Human_Rights/execution/).

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