Resolution CM/ResDH(2012)193[1]
Di Cecco against Italy
Execution of the judgment of the European Court of Human Rights
(Application No. 28169/06, judgment of 15 February 2011, final on 15 May 2011)
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 the above case and to the violation established (see document DH-DD(2012)578E);
Recalling that the respondent State’s obligation under Article 46, paragraph 1, of the Convention to abide to 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 its above mentioned obligation;
Having examined the action report provided by the government indicating the measures adopted in order to give effect to the judgment including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2012)578E);
Having satisfied itself that all the measures required by Article 46, paragraph 1, have been adopted;
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and
DECIDES to close the examination thereof.
ACTION REPORT
Case of DI CECCO v. ITALY Application no 28169/06
Final on 15 May 2011
Case Summary
Arbitrary monitoring of the correspondence of the applicant (a prisoner) up to June 2006, deriving from a lack of a clear legal framework (until April 2004) and from non-compliance with the new legislation (after April 2004) (violation of Article 8).
This case presents similarities with the group of cases Guidi, De Pace and Zara against Italy, closed by final resolution CM/ResDH(2010)561.
Individual Measures
- Just satisfaction
The European court awarded to the applicant 1.000,00 euros for moral damages, as well as 1.000,00 euros for legal expenses. It has been paid on 21/07/2011.
- Other individual measures:
The applicant is free since 2008 and he was awarded just satisfaction (see above). No further individual measures is therefore necessary.
General Measures
Reference is made to the general measures adopted in the above mentioned group of cases Guidi, De
Pace and Zara against Italy, already closed by final resolution CM/ResDH(2010)56.
Conclusion
The government considers that no further individual and general measure are required in this case and that Italy has thus complied with its obligations under Article 46, paragraph 1, of the Convention.
1 Adopted by the Committee of Ministers on 3 June 2010 at the 1086th meeting of the Ministers’ Deputies
[1] Adopted by the Committee of Ministers on 6 December 2012 at the 1157th Meeting of the Ministers’ Deputies.
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