APPLICATION/REQUÊTE N^ 15831/89 Renato STROMILLO v/ITALY Renato STROMILLO c/lTALlE DECISION of 25 Februat7 1991 on the admissibility of the apphcation DÉCISION du 25 février 1991 sur la recevabilité de la requête Article 6, paragraph 1 of the Coaveation Allegation that an investigating judge was notfair and impartial The question whether a trial is m conformity with the requirements of Article 6 para I must be considered on the basis oj an examination of the proceedings as a whole and not one isolated aspect Article 25 of the Convention An acquitted defendant may not claim to be a victim of violations of the Convention which, according to him took place in the course of the proceedings Article 6, paragraphe 1, de la Coaveatioa Allegation dun manque d'equite el d'impartialité du juge d'instruction La question de savoir si un procès est conforme aux exigences de l'article 6 par I s apprécie sur la base d un examen de l ensemble de la procedure et non d'un element isole Article 25 de la Convention L accuse reconnu innocent ne peut plus se prétendre victime de violations de la Convention qui, selon lui, auraient eu lieu au cours de la procedure 317 Summary of the relevant facts The applicant, an Italian national born in 1950, is a doctor As a result of statements made by former members of the mafia turned informers, criminal proceedings were brought against the applicant for belonging to a mafia-style organisation, drawing up false medical certificates and unlawful possession of firearms In January 1985 the investigating judge decided to take no further action (non-lieu) m respect of the offence of belonging to a mafia-style organisation and committed the applicant for trial before the court in Salerno m respect of the other offences The court convicted the applicant in December 1985 of unlawful possession of firearms and acquitted him of the other charges Following appeals bv both the prosecution and the applicant, the Court of Appeal acquitted the applicant of all charges m February 1987 In November 1988 the Court of Cassation dismissed the public prosecutor's further appeal (TRANSLATION) THE LAW (Extract) 1. The applicant complains in the first place that the criminal proceedings against him are based on the statements of former members of the mafia turned informer and that the investigating judge, in basing his investigation of the case mainly on these statements, lacked impartiality. [n that connection he relies on Article 6 para 1 of the Convention, under which "everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal". 319 The Commission points out first of all that the above-mentioned provision does not guarantee the right not to be prosecuted Secondly, the Commission observes that the applicant is not entitled to complain about the unfairness of the proceedings as such It refers to its constant case-law to the effect that "compliance with the requirements of fair trial must be examined in each case having regard to the development of the proceedings as a whole" (cf, for example. Opinion of the Commission, Eur Court HR, Can judgment of 30 September 1985, Series A no 96, p 15, para 48) In this case the Commission notes that at the end of the proceedings the applicant was acquitted of the offences with which he had been charged This acquittal became final with the judgment of the Court of Cassation dated 14 November 1988, deposited with the registry on 17 March 1989 The Commission notes that the outcome of the trial could not have been more favourable to the applicant . thus, thanks to the use of domestic remedies, any defects the proceedings might have had must be considered to have been remedied It follows that the applicant can no longer claim to be a victim, within the meaning of Article 25 of the Convention, of a violation of Article 6 of the Convention (cf No 8083/77, Dec 13 3 80, D R 19 p 223) His complaint is therefore manifestly ill founded and must be rejected, pursuant to Article 27 para 2 of the Convention 320