Buzunis v. Greece



AS TO THE ADMISSIBILITY OF

Application No. 22997/93

by Dimitrios BUZUNIS

against Greece

The European Commission of Human Rights (First Chamber) sitting

in private on 2 December 1994, the following members being present:

MM. A. WEITZEL, President

C.L. ROZAKIS

F. ERMACORA

E. BUSUTTIL

Mrs. J. LIDDY

MM. M.P. PELLONPÄÄ

B. MARXER

G.B. REFFI

B. CONFORTI

N. BRATZA

I. BÉKÉS

E. KONSTANTINOV

Mrs. M.F. BUQUICCHIO, Secretary to the Chamber

Having regard to Article 25 of the Convention for the Protection

of Human Rights and Fundamental Freedoms;

Having regard to the application introduced on 4 August 1993 by

Dimitrios BUZUNIS against Greece and registered on 23 November 1993

under file No. 22997/93;

Having regard to the report provided for in Rule 47 of the Rules

of Procedure of the Commission;

Having deliberated;

Decides as follows:

THE FACTS

The applicant is a Greek citizen, born in 22 August 1938 in

Argolida.

The facts of the case, as they have been submitted by the

applicant, may be summarised as follows:

A. The particular circumstances of the case

On 16 July 1986 the applicant was arrested by the Italian police

in international waters aboard the ship P for drug trafficking. He was

placed in detention on remand. On 4 December 1987 he was found guilty

by the First Instance Criminal Court of Bari and sentenced to 5 years

imprisonment and a fine of 5,000,000 lire. The court further ordered

the suspension of the execution of the sentence and the applicant's

immediate expulsion from Italy. The applicant was duly expelled from

the country. He lodged, however, an appeal which was heard on 30

November 1990. The court of appeal reduced his sentence to three years

and four months.

On 12 February 1992 the Public Prosecutor of the Court of Appeal

of Piraias charged the applicant with drug-trafficking in connection

with the same set of facts. The applicant was arrested on 2 September

1992 On 3 June 1993 he was tried by the three-member Court of Appeal

of Piraias, which was competent to hear the case at first instance due

to the nature of the offences. He was found guilty and sentenced to 17

years imprisonment. The court decided to deduct from the applicant's

sentence the period he had spent in detention on remand in Italy and

Greece.

The applicant lodged an appeal, the hearing of which had been

scheduled for 3 June 1994. On that date, however, the court adjourned

the hearing of the applicant's appeal for 25 January 1995 due to a

strike by the lawyers.

When the applicant last contacted the Commission, by letter of

24 June 1994, he was still in detention. A letter, however, addressed

by the Commission's Secretariat to the applicant on 5 July 1994 at the

address of the prison where he was being detained has been returned.

B. Relevant domestic law

Article 10 of the Criminal Code provides the following:

"If a court finds a person guilty of an offence of which he

has been already convicted abroad, it must deduct from the

sentence it imposes on him the sentence or part of sentence

this person has served abroad".

COMPLAINTS

The applicant complains of the fact that he was tried and

convicted in Greece of an offence in respect of which he had already

received a penalty in another State Party to the Convention.

He also complains about the length of the proceedings instituted

against him in Greece.

He does not invoke any specific provisions of the Convention or

its Protocols.

THE LAW

1 The applicant claims that he was tried and convicted in Greece

of an offence in respect of which he had already been convicted in

Italy. He does not invoke any specific provisions of the Convention.

The Commission recalls that neither the Convention nor any of the

additional Protocols does, either expressly or implicitly, guarantee

the principle of ne bis in idem in respect of convictions in different

States (No. 1519/62, 27.3.63, Collection 10 p. 59; No. 7680/76,

16.5.77, D.R. 9 p. 190; No. 8945/80, 13.12.83, D.R. 39 p. 43; 11069/84,

7.9.89, D.R. 62 p. 5).

This part of the application is therefore incompatible ratione

materiae with the provisions of the Convention within the meaning of

Article 27 para. 2 (Art. 27-2).

2 The applicant complains of the length of the criminal proceedings

against him. He does not invoke any specific provision of the

Convention.

The Commission recalls that Article 6 (Art. 6) of the Convention

guarantees the right to a hearing within a reasonable time in the

determination of criminal charges.

The Commission considers that it cannot, on the basis of the

file, determine the admissibility of this complaint and that it is

therefore necessary in accordance with Rule 48 para. 2(b) of the Rules

of Procedure, to give notice of this part of the application to the

respondent Government.

For these reasons, the Commission, unanimously,

DECIDES TO ADJOURN its examination of the complaints under

Article 6 (Art. 6) of the Convention regarding the length

of the criminal proceedings;

DECLARES THE REMAINDER OF THE APPLICATION INADMISSIBLE

Secretary to the First Chamber President of the First Chamber

(M.F. BUQUICCHIO) (A. WEITZEL)