The applicant, Afolabi Osu, is a British national. On 13 November 1988 his rented flat in Terontola, Perugia, was searched. He was arrested and charged with illegal possession of drugs. During police questioning, he gave, as his contact address, the home of a couple of close friends. He was later charged with illegal possession of drugs but acquitted on the ground of lack of evidence. He subsequently moved to Germany without informing the Italian authorities of his new address, as required by Italian law.
On an unspecified date the Public Prosecutor appealed against the judgment acquitting the applicant. The bailiff was unable, however, to serve the summons on the applicant because he was not living at the address given.
On 6 October 1989 the Court of Appeal reversed the first-instance judgment concerning the applicant and sentenced him to seven years’ imprisonment for illegal possession of drugs. The applicant, who had had no notice of the appeal proceedings, was not present at the hearing nor did he receive any notice of the appeal judgment or of the prison sentence passed on him. On 19 August 1995, when entering Italy on his return from holiday, the applicant was arrested and imprisoned. He was refused leave to appeal.
The applicant complained that he was unable to challenge the finding of guilt made in his absence by the Court of Appeal. He relied on Article 6 §§ 1 (right to a fair trial within a reasonable time) and 3 (b) (right to adequate time for preparation of defence), (c) (right to legal assistance of own choosing) and (d) (right to obtain attendance and examination of witnesses).
Citation: Osu v Italy (App no 36534/97) ECHR 11 July 2002
(from the official press-release prepared by the Registry Office of the European Court of Human Rights)