The Committee of Ministers, under the terms of Article 54
(art. 54) of the Convention for the Protection of Human Rights and
Fundamental Freedoms (hereinafter referred to as "the Convention"),
Having regard to the judgment of the European Court of Human Rights in
the Bezicheri case delivered on 25 October 1989 and transmitted the
same day to the Committee of Ministers;
Recalling that the case originated in an application against Italy
lodged with the European Commission of Human Rights on 18 January 1985
under Article 25 (art. 25) of the Convention by Marcantonio Bezicheri, an
Italian national, who complained of the length of proceedings for the
examination of a second application for release from detention on
remand;
Recalling that the case was brought before the Court by the Commission
on 11 May 1988;
Whereas in its judgment of 25 October 1989 the Court unanimously:
- held that there had been a violation of Article 5, paragraph 4
(art. 5-4), of the Convention;
- held that it lacked jurisdiction to examine the applicant's other
complaints;
- dismissing the claim for compensation for damage and for
reimbursement of costs and expenses, held that the present judgment
in itself constituted adequate just satisfaction for the purpose of
Article 50 (art. 50) of the Convention;
Having regard to the Rules adopted by the Committee of Ministers
concerning the application of Article 54 (art. 54) of the Convention;
Having invited the Government of Italy to inform it of the measures
which had been taken in consequence of the judgment, having regard to
its obligation under Article 53 (art. 53) of the Convention to abide
by it;
Whereas, during the examination of the case by the Committee of
Ministers, the Government of Italy gave the committee information
about the measures taken in consequence of the judgment, which
information appears in the appendix to this resolution,
Declares, after having taken note of the information supplied by the
Government of Italy, that it has exercised its functions under
Article 54 (art. 54) of the Convention in this case.
Appendix to Resolution DH(90)12
Information provided by the Government of Italy
during the examination of the Bezicheri case
before the Committee of Ministers
Under Article 299(3) of the new Code of Criminal Procedure, which came
into force on 24 October 1989, the judge must rule within five days on
any application by the accused seeking his release from detention on
remand.
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