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
23 January 1991 by Mr Pasquale Ausiello against Italy
(Application No. 17803/91);
Whereas on 14 November 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 7
April 1994, the applicant complained of the excessive length of certain criminal
proceedings;
Whereas in its report adopted on 31 August 1994, 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 534th meeting of the Ministers' Deputies held on 7 April
1995, 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, proposals supplemented by a letter of the President of
the Commission dated 12 April 1995;
Whereas, at the 536th meeting of the Deputies held on
4 May 1995, 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 the applicant as just satisfaction, within three months, 8 000 000 Italian
lire in respect of
non-pecuniary damage;
Whereas the Committee of Ministers invited the Government of Italy to
inform it of the measures taken following its decisions of 7 April 1995 and 4
May 1995, 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, notably
through the entering into force on
24 October 1989 of the new Code of Criminal Procedure (see, inter alia,
Resolution DH (92) 54 in the case of Frau against Italy and Resolution DH (94)
15 in the case of Sanfilippo against Italy);
Whereas the Committee of Ministers satisfied itself that the Government of
Italy paid the applicant the total sum of
8 000 000 Italian lire as just satisfaction, payment confirmed by the applicant
on 4 April 1996,
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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