C. B. AGAINST ITALY



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 17 January 1995 by the European

Commission of Human Rights in accordance with Article 31 (art. 31) of the

Convention relating to the application lodged on 29 June 1990 by Mr C. B.

against Italy (Application No. 18430/91);

Whereas on 2 March 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 his application, declared admissible by the Commission on 18

October 1994, the applicant complained of the excessive length of certain

criminal proceedings combined with civil action for damages, and the excessive

length of certain subsequent civil proceedings for damages;

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 542nd meeting of the Ministers' Deputies held on 11

September 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 7 July 1995;

Whereas, at the 546th meeting of the Deputies held on

19 October 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, 3 500 000

Italian lire in respect of non-pecuniary damage;

Whereas the Committee of Ministers invited the Government of Italy to

inform it of the measures taken following its decisions of 11 September 1995 and

19 October 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, through the

reform of the Code of Criminal Procedure (see notably the cases of Frau,

Resolution DH (92) 54, and

San Filippo, Resolution DH (94) 15), and 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

28 December 1995, within the time-limit set, the Government of Italy paid the

applicant the total sum of 3 500 000 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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