RESOLUTION DH (96) 570
HUMAN RIGHTS
APPLICATION No. 22526/93
ARRIGONI AGAINST ITALY
(Adopted by the Committee of Ministers on 15 November 1996
at the 576th meeting of the Ministers' Deputies)
The Committee of Ministers, under the terms of Article 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 on 18 October 1994 by the European Commission of Human Rights in accordance with Article 31 of the Convention relating to the application lodged on 11 March 1993 by Mr Attilio Arrigoni against Italy (Application No. 22526/93);
Whereas on 8 December 1994 the Commission transmitted the said report to the Committee of Ministers and whereas the case has not been referred to the European Court of Human Rights, either by the Commission or by a state entitled to do so under Article 48 of the Convention, within the time-limit of three months from the transmission of the report to the Chairman of the Committee of Ministers; considering, however, that within this time-limit, the applicant seized the Court in accordance with Protocol No. 9 but that the screening panel of the Court decided on 13 September 1995 that this case would not be considered by the Court; whereas the Committee of Ministers is therefore now called upon to take a decision in accordance with Article 32 of the Convention and with Article 48 of the Convention as amended by Article 5 of Protocol No. 9 for those states having ratified the latter;
Whereas in his application, declared admissible by the Commission on 5 July 1994, the applicant complained of the excessive length of certain civil proceedings;
Whereas in its report the Commission expressed, unanimously, the opinion that there had been a violation of Article 6, paragraph 1, of the Convention;
Whereas, at the 546th meeting of the Ministers' Deputies, the Committee of Ministers, agreeing with the opinion expressed by the Commission, held, in a decision adopted on 19 October 1995, having voted in accordance with the provisions of Article 32, paragraph 1, of the Convention, that there had been in this case a violation of Article 6, paragraph 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, proposals supplemented by a letter of the President of the Commission dated 27 October 1995;
Whereas at the 564th meeting of the Ministers' Deputies the Committee of Ministers held, in a decision adopted on 15 May 1996, in accordance with Article 32, paragraph 2, of the Convention, that the Government of Italy was to pay the applicant as just satisfaction, within three months, 4 000 000 Italian lire in respect of non-pecuniary damage and 500 000 Italian lire in respect of costs and expenses, namely a total sum of 4 500 000 Italian lire and that interest should be payable on any non-paid sum at the statutory rate applicable on the date of this decision, it being understood that the interest will accrue from the expiry of the time-limit until full payment is placed at the disposal of the applicant;
Whereas the Committee of Ministers invited the Government of Italy to inform it of the measures taken following its decisions of 19 October 1995 and 15 May 1996, having regard to Italy's obligation under Article 32, paragraph 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, notably through 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 17 July 1996, within the time-limit set, the Government of Italy paid the applicant the total sum of 4 500 000 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 of the Convention in this case;
Authorises the publication of the report adopted by the Commission in this case.
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