COLOZZA v. ITALY JUGDMENT
1
In the Colozza case,
The European Court of Human Rights, sitting, in accordance with Article
43 (art. 43) of the Convention for the Protection of Human Rights and
Fundamental Freedoms ("the Convention") and the relevant provisions of
the Rules of Court, as a Chamber composed of the following judges:
Mr. G. WIARDA, President,
Mr. J. CREMONA,
Mr. Thór VILHJÁLMSSON,
Mr. E. GARCÍA DE ENTERRÍA,
Mr. L.-E. PETTITI,
Mr. C. RUSSO,
Mr. J. GERSING,
and also of Mr. M.-A. EISSEN, Registrar, and Mr. H. PETZOLD, Deputy
Registrar,
Having deliberated in private on 28 September 1984 and on 22 January
1985,
Delivers the following judgment, which was adopted on the lastmentioned date:
PROCEDURE
1.
The present case was referred to the Court by the European
Commission of Human Rights ("the Commission") on 18 July 1983, within
the three-month period laid down by Article 32 para. 1 and Article 47 (art.
32-1, art. 47) of the Convention. The case originated in an application (no.
9024/80) against the Italian Republic lodged with the Commission on 5
May 1980 under Article 25 (art. 25) by Mr. Giacinto Colozza, an Italian
national. The Commission had ordered the joinder of this application with
another (no. 9317/81), lodged against the same State on 21 July 1978 by
Mr. Pedro Rubinat, a Spanish national.
2. The Commission’s request referred to Articles 44 and 48 (art. 44, art.
48) and to the declaration whereby Italy recognised the compulsory
jurisdiction of the Court (Article 46) (art. 46). The purpose of the request
was to obtain a decision as to whether or not the facts of the case disclosed a
breach by the respondent State of its obligations under Article 6 para. 1 (art.
6-1).
Note by the Registrar: The case is numbered 7A/1983/63/97. The second figure indicates
the year in which the case was referred to the Court and the first figure its place on the list
of cases referred in that year; the last two figures indicate, respectively, the case's order on
the list of cases and of originating applications (to the Commission) referred to the Court
since its creation.