To understand the Knox - Sollecito case, one must understand not only the details and alleged details of the case, but also understand the workings of Italy's judicial system - not merely its criminal and procedural laws, but also how the authorities - the police, prosecutors, and courts work in practice. Are the procedural laws strictly followed by the authorities? Are the reasons given by the courts in their judgments logical, reasonable, and consistent with the credible evidence of a case, or are the judgments sometimes unfair? When the authorities make mistakes or act unfairly, perhaps even unlawfully, do the mechanisms of the judicial process result in appropriate correction and redress? How quickly do a necessary correction and redress follow after an unfairness is brought to the attention of the authorities by, for example, a judgment of a violation of the Convention by the ECHR?
Let's gain some idea of the answers to these questions by examining the number of
[leading] pending ECHR cases before the CoM and how many of these cases have at least some initial response (an Action Plan or proposed Action Report) from the Respondent State for some states of interest.
Italy; pop. about 59 million. Pending cases: 74; Required AP/AR: 69; Received: 53;
Awaited: 17 = 24.6%
Ukraine; pop. about 38 million. Pending cases: 111; Required AP/AR: 111; Received: 107; Awaited: 4 = 3.6%
UK; pop. about 68 million. Pending cases: 7; Required AP/AR: 7; Received: 7; Awaited: 0 = 0%
France; pop. about 67 million. Pending cases: 22; Required AP/AR: 22; Received: 22; Awaited: 0 = 0%
Germany; pop. about 84 million. Pending cases: 6; Required AP/AR: 6; Received: 6; Awaited: 0 = 0%
Spain; pop. about 49 million. Pending cases: 21; Required AP/AR: 21; Received: 20; Awaited: 1 = 4.8%
Turkiye; pop. about 86 million. Pending cases: 139; Required AP/AR: 131; Received: 127; Awaited: 4 = 3.1%
Russia; pop. about 144 million. Pending cases: 246; Required AP/AR: 167; Received: 74; Awaited: 93 = 55.7%*
* Although Russia ceased being a member of the CoE in 2022, under the Convention, it remains legally obligated to work within the Convention to correct and redress violations of the Convention up to 6 months after the date it left and was expelled from the Council of Europe. That means that the ECHR was allowed under the Convention to accept applications against Russia until 16 September 2022. See:
Some guilter years ago suggested that Italy could "solve" the Knox ECHR issues by leaving the Council of Europe. That leaving would not release Italy from a legal treaty obligation to redress the violations found by the ECHR in the Knox v. Italy case under the Convention.
Conclusion: Not only does Italy have a relatively large number of ECHR cases finding violations of the Convention - including cases of unfair trials, but also other types of unfair practices by the authorities and government, but it is slower than many other democracies in Western Europe in addressing its mistakes or misconduct.
The data on Leading Pending cases, Required AP/AR, Received AP/AR, and Awaited AP/AR are from the HUDOC EXEC database:
hudoc.exec.coe.int
I calculated the percentages for the Awaited AP/AR as NUMBER AWAITED/NUMBER REQUIRED x 100.