Resolution ResDH(2003)74
concerning the judgments of the European Court of Human Rights
of 28 March 2002 (final on 28 June 2002)
in 13 cases against Italy (see Appendix) relating to the excessive length of proceedings concerning civil rights and obligations before the Court of Audit
(Adopted by the Committee of Ministers on 24 April 2003
at the 834th meeting of the Ministers’ Deputies)
The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, as amended by Protocol No. 11 (hereinafter referred to as “the Convention”),
Having regard to the judgments of the European Court of Human Rights in the 13 cases listed in the Appendix to this resolution, delivered on 28 March 2002 and transmitted to the Committee of Ministers once they had become final under Articles 44 and 46 of the Convention;
Recalling that the cases originated in applications against Italy, lodged either with the Court on 17 November 1998 under Article 34 of the Convention or with the European Commission of Human Rights between 14 May 1997 and 22 October 1998 under former Article 25 of the Convention by 13 Italian nationals, and that the Court, seised of the latter cases under Article 5, paragraph 2, of Protocol No. 11, declared admissible the complaints related to the excessive length of certain proceedings concerning civil rights and obligations before the Court of Audit;
Whereas in its judgments of 28 March 2002 concerning these cases the Court unanimously:
- held that there had been a violation of Article 6, paragraph 1, of the Convention;
- held that the government of the respondent state was to pay the applicants, within three months from the date on which the judgments became final, certain sums (details of which appear in the Appendix to this Resolution) as just satisfaction and that simple interest at an annual rate of 3% would be payable on those sums from the expiry of the above-mentioned three months until settlement;
- dismissed the remainder of the applicants’ claim for just satisfaction;
Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 46, paragraph 2, of the Convention;
Having invited the government of the respondent state to inform it of the measures which had been taken in consequence of the judgments of 28 March 2002, having regard to Italy’s obligation under Article 46, paragraph 1, of the Convention to abide by it;
Having satisfied itself that on the dates indicated in the Appendix, within the time-limit set, the government of the respondent state had paid the applicants the sums provided for in the judgments of 28 March 2002, and that no other measure was required in the present cases to conform to the Court’s judgment,
Declares, after having taken note of the information supplied by the Government of Italy, that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases.
Appendix to Resolution ResDH(2003)74
Details of the just satisfaction awarded to the applicants
Cases
Non-Pecuniary damage
Costs and expenses
Total
Payment on
ANDREOZZI Pasqualino
54288/00
36 151,98 euros
500 euros
36 651,98 euros
04/07/2002
CAPRONI Maddalena Enrica
54291/00
34 000 euros
5 000 euros
39 000 euros
04/07/2002
CARRETTA Ruggero
54309/00
14 000 euros
500 euros
14 500 euros
21/06/2002
CERASOMMA Roberto
54292/00
20 000 euros
2 000 euros
22 000 euros
04/07/2002
D’AGOSTINO Francesco
54290/00 and 54310/00
50 000 euros
1 000 euros
51 000 euros
04/07/2002
GIORDANO Sabatino
54280/00
46 000 euros
2 000 euros
48 000 euros
04/07/2002
MASIA Antonello
54306/00
14 000 euros
500 euros
14 500 euros
04/07/2002
MIGNANELLI Enrica
54308/00
44 000 euros
500 euros
44 500 euros
18/06/2002
PRETE Teresa
54279/00
15 493,71 euros
2 000 euros
17 493,71 euros
04/07/2002
RADICCHI Iole
54284/00
42 000 euros
42 000 euros
04/07/2002
SPATRISANO Pasquale
54303/00
26 000 euros
500 euros
26 500 euros
26/06/2002
TAMBURRINI Luigi
54305/00
14 000 euros
500 euros
14 500 euros
21/06/2002
TATANGELO Giuseppe
54285/00
20 000 euros
20 000 euros
04/07/2002
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