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Italy: Court ruling in Silvio Berlusconi complaint

Human rights judges have decided to “strike out” the complaint against Italy brought by the country’s former Prime Minister Silvio Berlusconi.

In its decision in the case of Berlusconi v. Italy (application no. 58428/13), the Grand Chamber of the European Court of Human Rights has decided, by a majority, to strike the application out of its list of cases.

The decision is final.

Berlusconi complained in particular that the application of Legislative Decree no. 235/2012, resulting in the invalidation of his election by the Senate after he had been disqualified from standing for election on account of his conviction for tax fraud, had breached Article 7 (no punishment without law) of the Convention, Article 3 of Protocol No. 1 (right to free elections) and Article 13 (right to an effective remedy) of the Convention.

Taking account of the facts of the case as a whole, in particular the applicant’s rehabilitation on 11 May 2018 and his wish to withdraw his application, the court concluded that no special circumstances relating to respect for human rights required it to continue the examination of the application in accordance with Article 37 § 1.

It decided to strike the case out of the list.

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