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 by the European
Commission of Human Rights in accordance with Article 31 (art. 31)
of the Convention relating to the application lodged on
23 January 1989 by Mr Domenico Cantafio against Italy
(Application No. 14667/89);
Whereas on 22 June 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 12 October 1992, the applicant complained of not
having had access to a tribunal, as the arbitration committee, set
up in accordance with the legislation in force in order to solve
his dispute with the Decollatura municipality, had never been
convened;
Whereas in its report adopted on 16 May 1995 the Commission
expressed, by twenty-six votes to two the opinion that there had
been a violation of Article 6, paragraph 1 (art. 6-1), of the
Convention;
Whereas, at the 549th meeting of the Ministers' Deputies held
on 17 November 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,
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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