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
12 April 1986 by Mr Giuseppe Barillà against Italy
(Application No. 12111/86);
Whereas on 15 March 1993 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 10 September 1991, the applicant complained of the
excessive length of certain criminal proceedings in which he had
submitted a claim for damages;
Whereas in its report adopted on 8 January 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 498th meeting of the Ministers' Deputies, held
on 21 September 1993, 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 11 March 1994;
Whereas, at the 512th meeting of the Deputies, held on
3 May 1994, 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, 10 000 000 Italian lire in respect of
non-pecuniary damage and 1 500 000 Italian lire in respect of costs
and expenses, namely a total sum of 11 500 000 Italian lire.
Whereas the Committee of Ministers invited the Government of
Italy to inform it of the measures taken following its decisions of
21 September 1993 and 3 May 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, 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 on
14 November 1994 the Government of Italy paid the applicant the
total sum of 11 500 000 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 (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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