Case of European Court of Human Rights, October 05, 2006 (case Marcello Viola v. Italy)

Resolution DateOctober 05, 2006

Information Note on the Court’s case-law No. 90

October 2006

Marcello Viola v. Italy - 45106/04

Judgment 5.10.2006 [Section III]

Article 6

Criminal proceedings

Article 6-1

Fair hearing

Participation of defendant in hearings by video link: no violation

Article 4 of Protocol No. 7

Legal classification of similar charges in two successive sets of proceedings against the applicant based on separate facts: no violation

Facts: The applicant was sentenced to life imprisonment for serious Mafia-related offences. At the appeal stage, he was not brought to the hearing room from the prison to attend the hearings, as he was subject at the time to a restricted prison regime limiting his contacts with the outside world. Instead, he followed the hearings by means of an audiovisual link to the hearing room, in accordance with the relevant legislation.

Law: Article 6 – The applicant’s participation in the hearings by video link had pursued legitimate aims under the Convention, namely the protection of public order, the prevention of crime, protection of the rights to life, freedom and safety of witnesses and victims of offences, and compliance with the “reasonable time” requirement in judicial proceedings. The arrangements for the conduct of the appeal hearings had respected the rights of the defence...

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