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 12 October 1994 by the European
Commission of Human Rights in accordance with Article 31 (art. 31) of the
Convention relating to the application lodged on 20 February 1990 by Mr Pietro
Cialdea, Mr Giorgio Aniballi,
Ms Bianca De Sanctis, Mr Filippo Margio, Ms Elisa Floris
and Mr Paolo Pegazzano against Italy (Application No. 16711/90);
Whereas on 29 November 1994 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 their application, as declared admissible by the Commission on
29 June 1994, the applicants complained of the excessive length of certain
criminal proceedings combined with civil action 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 534th meeting of the Ministers' Deputies held on 7 April
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 applicants, proposals supplemented by a letter of the President
of the Commission dated 13 April 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 each applicant as just satisfaction, within three months, 3 000 000
Italian lire in respect of non-pecuniary damage and 100 000 Italian lire in
respect of costs and expenses, namely a total sum of 18 600 000 Italian lire;
Whereas the Committee of Ministers invited the Government of Italy to
inform it of the measures taken following its decisions of 7 April 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, 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 the Government of
Italy paid the total sum of 18 600 000 Italian lire as just satisfaction,
jointly to Mr Pietro Cialdea,
Ms Bianca De Sanctis, Mr Filippo Margio and Mr Paolo Pegazzano on 13 March 1996,
to Mr Giorgio Aniballi on 22 March 1996 and
to Mr Aldo Pistis, heir of Ms Elisa Floris, payment confirmed by the latter on 3
June 1996,
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.
Full & Egal Universal Law Academy