The applicant, Fausi Hermi, is a Tunisian national who was born in 1969. He is currently in Frosinone Prison (Italy). The applicant was arrested in 1999 in possession of 485 grams of heroin and criminal proceedings were brought against him for drug trafficking. Hearings were held on 25 February 2000 and 24 March 2000, attended by the applicant and his lawyers, at which the applicant stated that he understood the charge against him and could speak Italian.
On 24 March 2000 the applicant was sentenced to six years’ imprisonment and a fine of about 20,658 euros (EUR). The judge noted that the applicant had been in possession of the equivalent of 8,000 daily doses of heroin.
The applicant appealed against that judgment. The grounds given for his appeal were later specified as: the drugs in his possession had been for personal use, the way in which the legislation on drugs had been interpreted was unconstitutional and the expert chemical analysis of the drugs was null and void owing to procedural defects.
On 1 September 2000 the applicant and one of his lawyers were given two months notice of the date of the appeal hearing. The applicant had no contact with his lawyers between those dates.
At the hearing before Rome Court of Appeal on 3 November 2000 the applicant’s lawyer applied for his client to be allowed to attend. That application was dismissed on the ground that the applicant had not informed the court in advance of his wish to participate in the hearing (according to the Court of Cassation’s case-law, he was required to give five days notice). The Court of Appeal upheld the judgment of 24 March 2000. The applicant appealed unsuccessfully on points of law.
The applicant complained that he had not had a fair trial because he had been unable to take part in his appeal hearing. He relied on Article 6 of the Convention.
(from the official press-release prepared by the Registry Office of the European Court of Human Rights)