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RECOURSE OF LUIGI CASCIOLI AT THE EUROPEAN COURT OF STRASBOURG

IN THE EUROPEAN COURT OF HUMAN RIGHTS
BETWEEN :

LUIGI CASCIOLI Applicant
- and -
ITALY Respondent
__________________________________________________
APPLICATION UNDER ARTICLE 34 OF THE
EUROPEAN CONVENTION ON HUMAN RIGHTS
AND RULES 45 AND 47 OF THE RULES OF COURT
__________________________________________________
IMPORTANT: This application is a formal legal document and may affect your rights and obligations.

I THE PARTIES

A THE APPLICANT
1. Surname : Cascioli
2. First Name(s) : Luigi
Sex: : Male
3. Nationality : Italian
4. Occupation : Retired
5. Date and Place of Birth : 16/02/1934
6. Permanent Address : Via Delle Province, 45/b
Roccalvecce, Viterbo
7. Tel. N? : 39 0761 910283
8. Present Address : As above
(if different from 6)

9. Name of Representative : Giovanni Di Stefano & Domenico Marinelli of Studio Legale Internazionale

10. Occupation of Representative : Lawyers

11. Address of Representative : Largo G Tartini 3-4 Roma 00197 ITALIA

12. Tel No : + 39 06 85203516
Fax No : + 39 06 80692652
E Mail :

B THE HIGH CONTRACTING PARTY
13. Italy

II STATEMENT OF THE FACTS
14. A full statement of the facts is attached to this application in the document entitled ?Statement of Facts and Argument?.
III STATEMENT OF ALLEGED VIOLATIONS OF THE CONVENTION AND OF RELEVANT ARGUMENT

15. The Applicant alleges violations of his rights in breach of Article 6 of the Convention. A statement detailing the Applicant?s claim is attached to this application in the document entitled ?Statement of Facts and Argument?.
IV STATEMENT RELATIVE TO ARTICLE 35? 1 OF THE CONVENTION

16. Final decision (date, court or authority and nature of decision)
27th January 2006 ? Tribunale di Viterbo? Application for leave to proceed to trial dismissed.

17. Other decisions (list in chronological order, giving date, court or authority and nature of decision for each of them)
a. Application to Tribunale di Viterbo dated 13th September 2002
b. Submissions to Tribunale di Viterbo dated 27th November 2002

c. Application for hearing in Tribunale di Viterbo dated 8th May 2003
d. Application opposing hearing in Tribunale di Viterbo dated 14th May 2003
e. Hearing in Tribunale di Viterbo dated 21 September 2003
f. Sentence from Tribunale di Viterbo dated 26th September 2003
g. Motivation of sentence from Tribunale di Viterbo dated 28th November 2003
h. Appeal by applicant to G.I.P. of Tribunale di Viterbo dated 9th March 2004
i. Confirmation of investigation by Tribunale di Viterbo dated 11th May 2004
j. Request for further hearing at Tribunale di Viterbo by applicant dated 15th September 2004
k. Opposition to hearing at Tribunale di Viterbo dated 23rd September 2004
l. 27th January 2006 hearing in Tribunale di Viterbo

18. Is there or was there any other appeal or other remedy available to you which you have not used? If so, explain why you have not used it.
The Applicant has exhausted all domestic remedies available for breach of his Convention rights.
V STATEMENT OF THE OBJECT OF THE APPLICATION AND PROVISIONAL CLAIMS FOR JUST SATISFACTION

19. The object of the application is to establish by a judgment of the European Court of Human Rights that the Respondent Government has infringed and is continuing to infringe the Applicant?s rights in breach of Article 6 of the Convention, and to obtain just satisfaction for such breaches, including declaratory relief, and financial reparation for the moral prejudice caused to him, together with the legal costs and expenses incurred herein.

VI STATEMENT CONCERNING OTHER INTERNATIONAL PROCEEDINGS

20. The Applicant?s complaints have not been submitted to any other procedure of international investigation or settlement.

VII LIST OF DOCUMENTS

21. The Applicant has annexed copies of all relevant documents to the document entitled ?Statement of Facts and Argument? attached to this Application. An list of documents is contained therein.

VIII STATEMENT OF PREFERRED LANGUAGE

22. English.

IX DECLARATION AND SIGNATURE

23. I hereby declare that to the best of my knowledge and belief, the information I have given in my application is correct and that I will respect the confidentiality of the Court?s proceedings.

LUIGI CASCIOLI

Place : ROME, ITALY
Date : 18th MARCH 2006