CACCIOLA 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 23 January 1996 by the European

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

Convention relating to the application lodged on 5 May 1993 by Mr Giuseppe

Cacciola against Italy (Application No. 26443/95);

Whereas on 26 February 1996 the Commission transmitted the said report to

the Committee of Ministers and whereas the case has not been referred to the

European Court of Human Rights, either by the Commission or by a state entitled

to do so under Article 48 (art. 48) of the Convention, within the time-limit of

three months from the transmission of the report to the Chairman of the

Committee of Ministers; considering, however, that within this time-limit, the

applicant seized the Court in accordance with Protocol No. 9 (P9) but that the

screening panel of the Court decided on 31 July 1996 that this case would not be

considered by the Court; whereas the Committee of Ministers is now called upon

to take a decision in accordance with Article 32 (art. 32) of the Convention and

with Article 48 (art. 48) of the Convention as amended by Article 5 of Protocol

No. 9 (P9-5) for those states having ratified the latter;

Whereas in his application, declared admissible by the Commission on 24

October 1995, 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 576th meeting of the Ministers' Deputies, the Committee of

Ministers, agreeing with the opinion expressed by the Commission, held, in a

decision adopted on 15 November 1996, 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,

Authorises the publication of the report adopted by the Commission in this

case;

Decides to pursue the examination of the present case in accordance with

Article 32 (art. 32) of the Convention with a view to adopting the final

resolution.

 

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