SELMOUNI v. FRANCE JUDGMENT
33
109. The Government, for their part, indicated that the proceedings had
begun on 15 March 1993, the date on which the criminal complaint and
application to join the proceedings as a civil party had actually been lodged
with the investigating judge.
110. The Commission considered that the proceedings had not begun
until 15 March 1993, the date on which the applicant’s complaint was
registered.
111. The Court considers that the period to be taken into consideration
in examining the length of the proceedings with regard to the “reasonable
time” requirement laid down in Article 6 § 1 began when the applicant
expressly lodged a complaint while being interviewed by an officer of the
National Police Inspectorate, that is, on 1 December 1992 (see paragraph 24
above). The Court notes that this simple form of criminal complaint is a
remedy afforded by French law and that the public prosecutor was informed
of the applicant’s complaint as early as 2 December 1992, when the record
of the interview by the officer was transferred to him (see paragraph 25
above). Having regard to the nature and extreme seriousness of the alleged
acts, the Court does not consider that it should take as the starting-point
1 February 1993, the date on which the applicant lodged a criminal
complaint and an application to join the proceedings as a civil party (see
paragraph 28 above and the Tomasi judgment cited above, pp. 20 and 43,
§§ 46 and 124 respectively) or, a fortiori, the date on which that complaint
and application were registered.
B. Reasonableness of the length of the proceedings
112. The reasonableness of the length of proceedings is to be assessed in
the light of the particular circumstances of the case, regard being had to the
criteria laid down in the Court’s case-law, in particular the complexity of
the case and the conduct of the applicant and of the relevant authorities (see,
among many other authorities, the Vernillo judgment cited above,
pp. 12-13, § 30, and the Acquaviva v. France judgment of 21 November
1995, Series A no. 333-A, pp. 15-16, § 53).
1. Arguments before the Court
113. The applicant submitted that the length itself could not be explained
either by the complexity of the case or by his conduct. As regards the
conduct of the judicial authorities, the applicant distinguished between two
different periods. From 29 November 1991 to 27 April 1994 the authorities’
conduct would have been relatively diligent if they had not waited too long
before having him interviewed by an officer of the National Police
Inspectorate and requesting that the case be transferred to another court. The
second period had lasted from 27 April 1994 to the present. During that
period the judicial authorities had failed to show any diligence in the