The Committee of Ministers, under the terms of Article 32
(art. 32) of the Convention for the Protection of Human Rights and Fundamental
Freedoms (hereinafter referred to as "the Convention"),
Having regard to the report drawn up by the European Commission of Human
Rights in accordance with Article 31 (art. 31) of the Convention relating to the
application lodged on
22 July 1988 by Mr Antonio Di Clemente against Italy
(Application No. 14145/88);
Whereas on 25 January 1994 the Commission transmitted the said report to
the Committee of Ministers and whereas the period of three months provided for
in Article 32, paragraph 1 (art. 32-1), of the Convention has elapsed without
the case having been brought before the European Court of Human Rights in
pursuance of Article 48 (art. 48) of the Convention;
Whereas in his application, declared admissible by the Commission on 5 May
1993, the applicant complained of the excessive length of certain civil
proceedings;
Whereas in its report adopted on 1 December 1993 the Commission expressed,
unanimously, the opinion that there had been a violation of Article 6, paragraph
1 (art. 6-1), of the Convention;
Whereas, at the 514th meeting of the Ministers' Deputies held on 9 June
1994, the Committee of Ministers, agreeing with the opinion expressed by the
Commission, held, having voted in accordance with the provisions of Article 32,
paragraph 1
(art. 32-1), of the Convention, that there had been in this case a violation of
Article 6, paragraph 1 (art. 6-1), of the Convention;
Whereas the Committee of Ministers examined the proposals made by the
Commission when transmitting its report as regards just satisfaction to be
awarded to the applicant's heirs pursuing the procedure, proposals supplemented
by a letter of the President of the Commission dated 15 April 1994;
Whereas, at the same meeting of the Deputies, the Committee of Ministers
decided, in accordance with Article 32, paragraph 2
(art. 32-2), of the Convention, that the Government of Italy was to pay each of
the applicant's heirs as just satisfaction, within three months, 2 500 000
Italian lire in respect of non-pecuniary damage, namely a total sum of 5 000 000
Italian lire;
Whereas the Committee of Ministers invited the Government of Italy to
inform it of the measures taken following its decisions of 9 June 1994, having
regard to Italy's obligation under Article 32, paragraph 4 (art. 32-4), of the
Convention to abide by them;
Whereas the Government of Italy recalled that measures had already been
taken to prevent the repetition of the violation found in this case, through
notably the entry into force on 30 April and 1 May 1995 of two laws
restructuring the civil courts and speeding up the proceedings in civil cases
(see Resolution DH (95) 82 in the case of Zanghì against Italy);
Whereas the Committee of Ministers satisfied itself that on 14 and 17
November 1994 the Government of Italy paid the applicant's heirs the total sum
of 5 000 000 Italian lire as just satisfaction,
Declares, having taken note of the measures taken by the Government of
Italy, that it has exercised its functions under Article 32 (art. 32) of the
Convention in this case;
Authorises the publication of the report adopted by the Commission in this
case.
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