Resolution CM/ResDH(2023)484
Execution of the judgment of the European Court of Human Rights
Bartesaghi Gallo and Others against Italy
(Adopted by the Committee of Ministers on 7 December 2023
at the 1483rd meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
12131/13+
BARTESAGHI GALLO AND OTHERS
22/06/2017
22/09/2017
The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”,
Having regard to the final judgment transmitted by the Court to the Committee in this case and to the violations of Article 3 of the Convention under its substantive and procedural limbs established on account of the ill-treatment suffered by the applicants at the hands of State agents and the lack of effective investigations and court proceedings into these events, which occurred at the G8 summit held in Genoa in July 2001;
Recalling the respondent State’s obligation, under Article 46, paragraph 1, of the Convention, to abide by all final judgments in cases to which it has been a party and that this obligation entails, over and above the payment of any sums awarded by the Court, the adoption by the authorities of the respondent State, where required:
- of individual measures to put an end to violations established and erase their consequences so as to achieve as far as possible restitutio in integrum; and
- of general measures preventing similar violations;
Having invited the government of the respondent State to inform the Committee of the measures taken to comply with the above-mentioned obligation;
Having noted the information provided regarding the payment of the just satisfaction awarded by the Court;
Considering that the question of individual measures was resolved, given that regrettably in this case the statute of limitation precludes opening any new investigation into the acts of torture suffered by the applicants;
Recalling that the question of general measures required in response to the shortcomings found by the Court in the present judgment continues to be examined within the framework of the group of cases Cestaro v. Italy (Application No. 6884/11) also in the light of the Court’s findings in this case, and that the closure of this case therefore in no way prejudges the Committee’s evaluation of the general measures required to prevent similar violations;
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case;
CONCLUDES that no further individual measures could be taken in this case because of the applicable prescription period;
DECIDES to continue to supervise the adoption of the necessary general measures concerning the prevention of episodes of ill-treatment by State agents and the effectiveness of investigations and court proceedings into these events in the group of cases Cestaro v. Italy;
DECIDES to close the examination of this case.