The European Court of Human Rights has found no breach of the fair-trial guarantee in the Italian proceedings that produced Silvio Berlusconi’s tax-fraud conviction.
The case arose from the former prime minister’s conviction over a scheme involving purchases of television rights by Mediaset and other companies in the group. Berlusconi challenged several aspects of the proceedings in Strasbourg. After his death in June 2023, his heirs were permitted to continue the application.
The court’s judgment addressed the complaint that the Italian Court of Cassation was not impartial, focusing on the bench that heard the case and the president of the division to which it was assigned. It concluded that the applicant had not established circumstances capable of showing a lack of impartiality.
That finding means the Strasbourg court did not disturb the final Italian conviction on the ground advanced. It did not conduct a fresh review of the evidence or sit as another criminal appeal court; its task was confined to compliance with the European Convention.
The ruling was delivered by a Chamber. It is not yet final: either party may request referral to the Grand Chamber within three months, and a five-judge panel would decide whether the case warrants further examination. If no request is made, or a request is rejected, the judgment will become final under Article 44 of the Convention.
The official judgment is available on HUDOC.
