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
9 December 1989 by Mr Eugenio Bandinu against Italy
(Application No. 16257/89);
Whereas on 26 May 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 1 December 1993, the applicant complained of the
excessive length of certain criminal proceedings;
Whereas in its report adopted on 6 April 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 519th meeting of the Ministers' Deputies, held
on 19 October 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, proposals supplemented
by a letter of the President of the Commission dated
9 December 1994;
Whereas, at the 524th meeting of the Deputies, held on
10 January 1995, the Committee of Ministers decided, in accordance
with Article 32, paragraph 2 (art. 32-2), of the Convention, that,
following the applicant's death, no sum was to be paid as just
satisfaction to the applicant's daughter since she had submitted no
claim in this respect;
Whereas the Committee of Ministers invited the Government of
Italy to inform it of the measures taken following its decisions of
19 October 1994 and 10 January 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 reiterated before the
Committee of Ministers that the reforms already adopted - the entry
into force on 24 October 1989 of the new Code of Criminal
Procedure, the internal reforms carried out by the Court of
Cassation and the increase of the budgetary appropriations in order
to finance urgent measures in support of information systems and
the structures, means and services of the administration of justice
- should ensure that in the future criminal proceedings will lead
to judgments delivered within a reasonable time within the meaning
of Article 6 (art. 6) of the Convention (see, inter alia,
Resolutions DH (92) 54 and DH (94) 41),
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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