This post is intended to detail the known current status of the ECHR case of Knox v. Italy 76577/13, which was communicated to the Respondent State, Italy, on 29/04/2016. That Communication is in French, as is typical of Communications and Judgments where Italy is the Respondent State.
Based upon the Case Details, available on HUDOC, there have been two additional Communications to Italy since the original was published. In keeping with standard ECHR practice, the contents of these additional Communications have not been published and thus are not known. However, all Communications include formal requests for information (and sometimes for actions) directed to the Respondent State and may include requests for information from the applicant. Questions or notices directed only to the applicant are not published and are not recorded in the Case Details.
According to the Case Details, the importance level of the case is 3, indicating that the ECHR does not necessarily expect new case-law to be generated from this case and that its judgment will likely require only current case-law. However, this should be considered only the preliminary ECHR view and may change if required by the legal principles invoked in the actual judgment.
At a guess, the judgment may be forthcoming in 2017 or 2018 or even later; there is no way to be certain. The reason cases typically take so long is that the ECHR has a heavy case load, there are relatively long periods allocated to responses after each Communication, and after each Communication, the applicant and Respondent State each get a period of time to comment on the other's response.
The ECHR Court Rules regarding Communications and other notices and the actions taken by the Court relating to them, namely the reviews of admissibility and merit, are given in Rules 54 and 54A:
This is the text in Rule 54 relevant to a Communication and responses thereto. This identifies the current status of the case based on available information.
Source: http://echr.coe.int/Pages/home.aspx?p=home
Link to Official Texts
"Rules of Court" PDF
Note: "respondent Contracting Party" = Respondent State
Based upon the Case Details, available on HUDOC, there have been two additional Communications to Italy since the original was published. In keeping with standard ECHR practice, the contents of these additional Communications have not been published and thus are not known. However, all Communications include formal requests for information (and sometimes for actions) directed to the Respondent State and may include requests for information from the applicant. Questions or notices directed only to the applicant are not published and are not recorded in the Case Details.
According to the Case Details, the importance level of the case is 3, indicating that the ECHR does not necessarily expect new case-law to be generated from this case and that its judgment will likely require only current case-law. However, this should be considered only the preliminary ECHR view and may change if required by the legal principles invoked in the actual judgment.
At a guess, the judgment may be forthcoming in 2017 or 2018 or even later; there is no way to be certain. The reason cases typically take so long is that the ECHR has a heavy case load, there are relatively long periods allocated to responses after each Communication, and after each Communication, the applicant and Respondent State each get a period of time to comment on the other's response.
The ECHR Court Rules regarding Communications and other notices and the actions taken by the Court relating to them, namely the reviews of admissibility and merit, are given in Rules 54 and 54A:
Rule 54 – Procedure before a Chamber
1. The Chamber may at once declare the application inadmissible or strike it out of the Court’s list of cases. The decision of the Chamber may relate to all or part of the application.
2. Alternatively, the Chamber or the President of the Section may decide to
(a) request the parties to submit any factual information, documents or other material considered by the Chamber or its President to be relevant;
(b) give notice of the application or part of the application to the respondent Contracting Party and invite that Party to submit written observations thereon and, upon receipt thereof, invite the applicant to submit observations in reply; (c) invite the parties to submit further observations in writing. 3. In the exercise of the competences under paragraph 2 (b) of this Rule, the President of the Section, acting as a single judge, may at once declare part of the application inadmissible or strike part of the application out of the Court’s list of cases. The decision shall be final. The applicant shall be informed of the decision by letter.
4. Paragraphs 2 and 3 of this Rule shall also apply to Vice-Presidents of Sections appointed as duty judges in accordance with Rule 39 § 4 to decide on requests for interim measures.
5. Before taking a decision on admissibility, the Chamber may decide, either at the request of a party or of its own motion, to hold a hearing if it considers that the discharge of its functions under the Convention so requires. In that event, unless the Chamber shall exceptionally decide otherwise, the parties shall also be invited to address the issues arising in relation to the merits of the application.
Rule 54A – Joint examination of admissibility and merits
1. When giving notice of the application to the respondent Contracting Party pursuant to Rule 54 § 2 (b), the Chamber may also decide to examine the admissibility and merits at the same time in accordance with Article 29 § 1 of the Convention. The parties shall be invited to include in their observations any submissions concerning just satisfaction and any proposals for a friendly settlement. The conditions laid down in Rules 60 and 62 shall apply, mutatis mutandis. The Court may, however, decide at any stage, if necessary, to take a separate decision on admissibility.
2. If no friendly settlement or other solution is reached and the Chamber is satisfied, in the light of the parties’ arguments, that the case is admissible and ready for a determination on the merits, it shall immediately adopt a judgment including the Chamber’s decision on admissibility, save in cases where it decides to take such a decision separately.
This is the text in Rule 54 relevant to a Communication and responses thereto. This identifies the current status of the case based on available information.
Source: http://echr.coe.int/Pages/home.aspx?p=home
Link to Official Texts
"Rules of Court" PDF
Note: "respondent Contracting Party" = Respondent State
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