COLOZZA v. ITALY JUGDMENT 9 On 9 July 1982, the Commission, after ordering the joinder of the application (no. 9024/80) with that of Mr. Rubinat (no. 9317/81) (see paragraphs 1 and 8 above), declared it admissible as regards Article 6 (art. 6) and inadmissible as regards the remainder. In its report of 5 May 1983 (Article 31) (art. 31), the Commission expressed the unanimous opinion that Article 6 para. 1 (art. 6-1) had been violated. The full text of the Commission’s opinion and of the separate opinion contained in the report is reproduced as an annex to the present judgment. AS TO THE LAW I. ALLEGED VIOLATION OF ARTICLE 6 PARA. 1 (art. 6-1) 26. At the hearings before the Court, the applicant’s lawyer contended that there had been a violation of paragraph 3 (a) of Article 6 (art. 6-3-a). The Commission, for its part, considered the case under paragraph 1 (art. 61); the Government denied that there had been any breach at all. The Court recalls that the guarantees contained in paragraph 3 of Article 6 (art. 6-3) are constituent elements, amongst others, of the general notion of a fair trial (see the Goddi judgment of 9 April 1984, Series A no. 76, p. 11, para. 28). In the circumstances of the case, the Court, whilst also having regard to those guarantees, considers that it should examine the complaint under paragraph 1, which provides "In the determination of ... any criminal charge against him, everyone is entitled to a fair ... hearing ... by [a] ... tribunal ... ." The basic question is whether the combined recourse to the procedure for notifying persons who are untraceable (irreperibile) and to the procedure for holding a trial by default - in the form applicable to "latitanti" (see paragraph 20 above) - deprived Mr. Colozza of the right thus guaranteed. 27. Although this is not expressly mentioned in paragraph 1 of Article 6 (art. 6-1), the object and purpose of the Article taken as a whole show that a person "charged with a criminal offence" is entitled to take part in the hearing. Moreover, sub-paragraphs (c), (d) and (e) of paragraph 3 (art. 6-3c, art. 6-3-d, art. 6-3-e) guarantee to "everyone charged with a criminal offence" the right "to defend himself in person", "to examine or have examined witnesses" and "to have the free assistance of an interpreter if he cannot understand or speak the language used in court", and it is difficult to see how he could exercise these rights without being present. 28. In the instant case, the Court does not have to determine whether and under what conditions an accused can waive exercise of his right to appear at the hearing since in any event, according to the Court’s