12
COLOZZA v. ITALY JUGDMENT
initiative of supplying an address for the service of documents or of giving
himself up.
The Court does not see how Mr. Colozza could have taken the second or
the third course; it is not established that he was in any way aware of the
proceedings instituted against him.
The first alleged shortcoming concerns nothing more than a regulatory
offence (illecito amministrativo); the consequences which the Italian
judicial authorities attributed to it are manifestly disproportionate, having
regard to the prominent place which the right to a fair trial holds in a
democratic society within the meaning of the Convention (see, mutatis
mutandis, the above-mentioned De Cubber judgment, Series A no. 86, p. 16,
para. 30 in fine).
33. There was therefore a breach of the requirements of Article 6 para. 1
(art. 6-1).
II. APPLICATION OF ARTICLE 50 (art. 50)
34. Article 50 (art. 50) of the Convention reads as follows:
"If the Court finds that a decision or a measure taken by a legal authority or any
other authority of a High Contracting Party is completely or partially in conflict with
the obligations arising from the ... Convention, and if the internal law of the said Party
allows only partial reparation to be made for the consequences of this decision or
measure, the decision of the Court shall, if necessary, afford just satisfaction to the
injured party."
35. The applicant’s widow claimed just satisfaction, but left the amount
thereof to the Court’s discretion. The Commission indicated its agreement.
The Government, whilst contesting the existence of a violation, took the
same position; however, they raised the question whether Mrs. Colozza
could validly replace her husband in the proceedings.
The question is thus ready for decision (Rule 53 para. 1 of the Rules of
Court).
36. Mrs. Colozza based her claim on the fact that her husband served a
large part - about six years - of the sentence imposed on him. She
maintained that this had occasioned, both for him and for her, physical and
mental suffering and also financial loss.
37. The Government pointed out that the period which Mr. Colozza
spent in prison was the result not only of the sentence passed on 17
December 1976, but also of other sentences which were unconnected with
the present proceedings. They also considered that his conduct should not
be overlooked.
38. The Court notes that in the present case an award of just satisfaction
can only be based on the fact that the applicant did not have the benefit of
the guarantees of Article 6 (art. 6). Whilst the Court cannot speculate as to
the outcome of the trial had the position been otherwise, it does not find it