Mitic against Serbia
The European Court of Human Rights (hereinafter: the Court) isOctober 3 passed, and on October 24, 2024, announced the verdict in the case Mitic against Serbia (number59711/21).
The decision was made by a three-member Board.
The case refers to the applicant's complaint that his right to a trial within a reasonable time was violated due to the length of the criminal proceedings against him before the High Court in Belgrade - Special Department. |
THE CIRCUMSTANCES CASES
At the beginning of October 2006, after an investigation, an indictment was brought against the applicant of the constitutional complaint and 34 others by the then District Public Prosecutor's Office in Belgrade - Special Prosecutor's Office. In the next 3 years, six more indictments were brought. Before then, the proceedings were joined by the District Court in Belgrade, so that the disputed proceedings were conducted against a total of 40 defendants for more than 50 criminal acts. The applicant was charged with the criminal offense of abuse of the position of a responsible person in co-perpetration.
The main trial began on January 23, 2007. From the filing of the indictment to the passing of the first instance verdict, the court scheduled hearings for the main trial 351 times and held them 321 times.
On November 13, 2014, the High Court in Belgrade - Special Division issued a verdict that, among other things, was revoked in relation to the applicant and the case was sent back for retrial.
The preliminary hearing in the retrial is scheduled for March 2015. Hearings for the main trial were then scheduled every month, for several working days.
After the procedure, the High Court in Belgrade - Special Department on April 10, 2017, among other things, found the applicant guilty and sentenced him to prison.
On June 18, 2018, the Appellate Court in Belgrade - Special Division reversed the first-instance verdict against the applicant and acquitted him of the charges.
In August 2018, the applicant submitted a constitutional complaint to the Constitutional Court due to the violation of the right to a trial within a reasonable time.
On April 29, 2021, the Constitutional Court accepted his constitutional appealrejected as unfounded.
COMPLAINTS OF THE APPLICANT AND THE PROCEDURE BEFORE THE COURT
The applicant submitted a petition to the Court on November 25, 2021.
In the petition, the applicant complained about the violation of the right to a trial within a reasonable time from Article 6, paragraph 1 of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter: the Convention), due to the excessive duration of the criminal proceedings conducted against him.
THE DECISION THE COURT
The court noted that in this particular case the charges related to organized crime, that is, it was a very complex case, taking into account the large number of defendants and voluminous evidence, which inevitably made the task of trying the defendants more difficult compared to ordinary criminal proceedings.
However, the Court concluded that these facts alone cannot justify the duration of the procedure of almost 12 years.
Bearing in mind its judicial practice on such issues, the Court concluded that in this case the length of the procedure was excessive and that it did not meet the "reasonable time" requirement, which is why it found a violation of Article 6, paragraph 1 of the Convention.
PRWONDERFULLY SATISFACTION (Article 41 of the Convention)
It's the courtobliged the Republic of Serbia to pay the applicant the amount of 4,200 euros in the name of compensation for non-material damage and the amount of250 euros for the costs of the procedure.