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 on 7 December 1994 by the European
Commission of Human Rights in accordance with Article 31 (art. 31) of the
Convention relating to the application lodged on 7 August 1992 by Ms Giuseppina
Borgese against Italy
(Application No. 21306/93);
Whereas on 12 January 1995 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 her application, declared admissible by the Commission on 6
September 1994, the applicant complained of the excessive length of certain
civil proceedings;
Whereas in its report 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 539th meeting of the Ministers' Deputies held on 7 June
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 26 May 1995;
Whereas, at the 549th meeting of the Deputies held on
20 November 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, 2 000 000
Italian lire in respect of non-pecuniary damage and 500 000 Italian lire in
respect of costs and expenses, namely a total sum of 2 500 000 Italian lire;
Whereas the Committee of Ministers invited the Government of Italy to
inform it of the measures taken following its decisions of 7 June 1995 and 20
November 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 entry into force on 30 April and 1 May 1995 of two laws
restructuring the civil courts and speeding up the proceedings in civil cases
(see Resolution DH (95) 82 in the case of Zanghì against Italy);
Whereas the Committee of Ministers satisfied itself that
on 14 March 1996 the Government of Italy paid the applicant the total sum of 2
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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