Final Resolution ResDH(2003)176
Human Rights
Application No. 27253/95
Biasetti against Italy
(Adopted by the Committee of Ministers on 6 January 2004
at the 863rd meeting of the Ministers’ Deputies)
The Committee of Ministers, under the terms of former Article 32 of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as “the Convention”),
Having regard to Interim Resolution DH(99)356, adopted on 9 June 1999 in the case of Biasetti against Italy, in which the Committee of Ministers decided that there had been a violation of Article 5, paragraph 4, of the Convention on account of the excessive length of certain appeal proceedings brought by the applicant against a judicial order dismissing his request to be released from detention on remand, and to make public the report of the European Commission of Human Rights;
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 17 June 1999;
Whereas at the 680th meeting of the Deputies, the Committee of Ministers, agreeing with the Commission’s proposals, held by a decision adopted on 8 October 1999, in accordance with former Article 32, paragraph 2, of the Convention, that no sum of money was to be paid to the applicant as just satisfaction, since the latter had not submitted any claim in this respect;
Whereas the Committee of Ministers invited the government of the respondent state to inform it of the measures taken following its decisions of 9 June 1999 and 8 October 1999, having regard to Italy’s obligation under former Article 32, paragraph 4, of the Convention to abide by them;
Whereas during the examination of the case by the Committee of Ministers, the government of the respondent state accordingly gave the Committee information about the measures taken in consequence of the Committee’s decisions taken to avoid new violations of the same kind as the one found in this case (this information appears in the appendix to this resolution);
Declares, after having examined the measures taken by the Government of Italy, that it has exercised its functions under former Article 32 of the Convention in this case.
Appendix to Final Resolution ResDH(2003)176
Information provided by the Government of Italy
during the examination of the Biasetti case
by the Committee of Ministers
The Government of Italy recalls that the essential element in the finding of the violation in this case was the failure to observe the deadline laid down for forwarding the file to the appeal court. In the case at issue, this in fact took more than 6 months.
Under Law No. 332 of 5 August 1995, such a violation can no longer take place as, if the file is not transmitted or a decision on an application to reopen is not taken within the appointed deadline (1 to 5 days and ten days respectively), the order imposing the applicant’s detention becomes void.
The report of the European Commission of Human Rights has been sent to all competent judicial authorities.
The Government of Italy accordingly considers that it has satisfied its obligations under former Article 32 of the Convention.
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