European Court of Human Rights - Case of Mattoccia v. Italy (2000) (excerpts related to Fair Trial (Right to a)) (Excerpts)
European Court of Human Rights - case of Mattoccia v. Italy (2000) (excerpts)
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59. Paragraph 3 (a) of Article 6 points to the need for special attention to be paid to the notification of the “accusation” to the defendant; particulars of the offence play a crucial role in the criminal process, in that it is from the moment of their service that the suspect is formally put on notice of the factual and legal basis of the charges against him (see, mutatis mutandis, the Kamasinski v. Austria judgment of 19 December 1989, Series A no. 168, pp. 36-37, § 79). The accused must be made aware “promptly” and “in detail” of the cause of the accusation, that is, the material facts alleged against him which are at the basis of the accusation, and of the nature of the accusation, namely, the legal qualification of these material facts. The Court considers that in criminal matters the provision of full, detailed information concerning the charges against a defendant is an essential prerequisite for ensuring that the proceedings are fair (see, mutatis mutandis, Pélissier and Sassi v. France [GC], no. 25444/94, §§ 51-52, ECHR 1999-II).
60. While the extent of the “detailed” information referred to in this provision varies depending on the particular circumstances of each case, the accused must at any rate be provided with sufficient information as is necessary to understand fully the extent of the charges against him with a view to preparing an adequate defence.
In this respect, the adequacy of the information must be assessed in relation to sub-paragraph (b) of paragraph 3 of Article 6, which confers on everyone the right to have adequate time and facilities for the preparation of their defence, and in the light of the more general right to a fair hearing embodied in paragraph 1 of Article 6 (see Pélissier and Sassi cited above, § 54).
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71. In conclusion, the Court is conscious of the fact that rape trials raise very sensitive and important issues of great concern to society and that cases concerning the very young or the mentally disabled often present the prosecuting authorities and the courts with serious evidential difficulties in the course of the proceedings. It considers, however, that in the present case the defence was confronted with exceptional difficulties. Given that the information contained in the accusation was characterised by vagueness as to essential details concerning time and place, was repeatedly contradicted and amended in the course of the trial, and in view of the lengthy period that had elapsed between the committal for trial and the trial itself (more than three and a half years) compared to the speed with which the trial was conducted (less than one month), fairness required that the applicant should have been afforded greater opportunity and facilities to defend himself in a practical and effective manner, for example by calling witnesses to establish an alibi.