DOMENICHINI v. ITALY View

Notes

Date	15/11/1996
AppNr	15943/90
Body	Court (Chamber)
Type	Judgment (Merits and Just Satisfaction)
Articles	13; 35-1; 41; 6-3-b; 8
Violated / NonViolated	6-3-b813
Citations	355-15-35-466-181314P1-3P4-236-1813

Conclusions:

Non-pecuniary damage - finding of violation sufficient
Pecuniary damage - claim dismissed
Preliminary objection joined to merits (non-exhaustion of domestic remedies)
Preliminary objection rejected (non-exhaustion of domestic remedies)
Violation of Art. 13
Violation of Art. 6-3-b
Violation of Art. 8

Keywords:

(art. 13) effective remedy
(art. 13) national authority
(art. 6-3) rights of defence
(art. 6-3-b) adequate facilities
(art. 6-3-b) preparation of defence
(art. 8-1) respect for correspondence
(art. 8-2) interference
(art. 8-2) prescribed by law

Application Documents 2

	DOMENICHINI c. ITALIE 6-3-b, 8, 13 Court (Chamber) Judgment (Merits and Just Satisfaction)	21/10/1996
	34 DOMENICHINI contre l'ITALIE Commission (First Chambe… Decision	04/07/1995

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References 4

	86 CAMPBELL v. THE UNITED KINGDOM 8 Court (Chamber) Judgment (Merits and Just Satisfaction)	25/03/1992
	119 KRUSLIN v. FRANCE 8 Court (Chamber) Judgment (Merits and Just Satisfaction)	24/04/1990
	61 HUVIG v. FRANCE 8 Court (Chamber) Judgment (Merits and Just Satisfaction)	24/04/1990
	228 SILVER AND OTHERS v. THE UNITED KINGDOM 6-1, 8, 13 Court (Chamber) Judgment (Merits)	25/03/1983

Citations Breakdown

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1–10 of 19

Citations 19

	BISIR AND TULUS v. MOLDOVA 3, 8 Court (Third Section) Judgment (Merits and Just Satisfaction)	17/05/2011
	NURZYNSKI v. POLAND 8 Court (Fourth Section) Judgment (Merits and Just Satisfaction)	21/12/2010
	5 GRADEK v. POLAND 8 Court (Fourth Section) Judgment (Merits and Just Satisfaction)	08/06/2010
	5 ONOUFRIOU v. CYPRUS 3, 8, 13 Court (First Section) Judgment (Merits and Just Satisfaction)	07/01/2010
	36 ENEA v. ITALY 6-1, 8, 3, 6-1 Court (Grand Chamber) Judgment (Merits and Just Satisfaction)	17/09/2009
	4 STOJANOVIC v. SERBIA 8 Court (Second Section) Judgment (Merits and Just Satisfaction)	19/05/2009
	8 SERGEY VOLOSYUK v. UKRAINE 5-3, 5-4, 6-1, 8 Court (Fifth Section) Judgment (Merits and Just Satisfaction)	12/03/2009
	22 PETROV v. BULGARIA 6-1, 8, 14, 13, 13 Court (Fifth Section) Judgment (Merits and Just Satisfaction)	22/05/2008
	16 CIORAP v. MOLDOVA 3, 6, 8 Court (Fourth Section) Judgment (Merits and Just Satisfaction)	19/06/2007
	10 GUTU v. MOLDOVA 5-1, 6-1, 8, 13, 5 Court (Fourth Section) Judgment (Merits and Just Satisfaction)	07/06/2007

Originating Body	Court (Chamber)
Document Type	Judgment (Merits and Just Satisfaction)
Published in	Reports 1996-V
Language	ENGLISH;FRENCH
Application Number	15943/90
Importance Level	2
Represented by	N/A
Respondent State	Italy
Referred by	Commission ; Italy
Date of Reference	12/12/1995
	20/12/1995
Date of Judgment	15/11/1996
Conclusion	Preliminary objection joined to merits (non-exhaustion of domestic remedies) ; Preliminary objection rejected (non-exhaustion of domestic remedies) ; Violation of Art. 6-3-b ; Violation of Art. 8 ; Violation of Art. 13 ; Pecuniary damage - claim dismissed ; Non-pecuniary damage - finding of violation sufficient
Articles	6-3-b , 8 , 13 , 35-1 , 41
Rules of Court	B
Separate Opinions	No
Law at Issue	Law no. 354 of 26 July 1975, section 18, as amended by section 2 of Law no. 1 of 12 January 1977
Strasbourg Case Law	Silver and Others v. the United Kingdom judgment of 25 March 1983, Series A no. 61, p. 32, para. 84, p. 33, para. 88 ; Kruslin v. France judgment of 24 April 1990, Series A no. 176-A, p. 20, para. 26, pp. 24-25, para. 36 ; Huvig v. France judgment of 24 April 1990, Series A no. 176-B, p. 52, para. 25 ; Campbell v. the United Kingdom judgment of 25 March 1992, Series A no. 233, p. 16, para. 34
External Sources	New Code of Criminal Procedure, Article 103 and transitional provisions, Article 35 ; Presidential Decree no. 431 of 29 April 1976 ; Court of Cassation, judgments nos. 3141 of 14 February 1990 and 4687 of 4 February 1992
Keywords	"(Art. 13) EFFECTIVE REMEDY" "(Art. 13) NATIONAL AUTHORITY" "(Art. 6-3) RIGHTS OF DEFENCE" "(Art. 6-3-b) ADEQUATE FACILITIES" "(Art. 6-3-b) PREPARATION OF DEFENCE" "(Art. 8-1) RESPECT FOR CORRESPONDENCE" "(Art. 8-2) INTERFERENCE" "(Art. 8-2) PRESCRIBED BY LAW"

ECHR CaseLaw

DOMENICHINI v. ITALY View

Notes

ECHR Notes

Application Documents 2

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References 4

Citations Breakdown

Citations 19

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