Resolution ResDH(2006)64
concerning the judgment of the European Court of Human Rights
of the 9 February 2006 (Friendly settlement)
in the case of Otello de Luca against Italy
(Adopted by the Committee of Ministers on 2 November 2006,
at the 976th meeting of the Ministers’ Deputies)
The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as “the Convention”),
Having regard to the final judgment of the European Court of Human Rights in the Otello de Luca case delivered on 9 February 2006 and transmitted the same day to the Committee of Ministers under Article 46 of the Convention;
Recalling that the case originated in an application No. 17644/03 against Italy, lodged with the European Court of Human Rights on 20 march 2001 under Article 34 of the Convention by Mr Otello de Luca, an Italian national, and that the Court declared admissible the complaint concerning the prolonged failure to enforce judicial decisions ordering his tenants' eviction, mainly due to the lack of assistance from the police;
Whereas in its judgment of 9 February 2006 the Court, after having taken formal note of a friendly settlement reached by the government of the respondent state and the applicant, and having been satisfied that the settlement was based on respect for human rights as defined in the Convention or its Protocols, decided unanimously to strike the case out of its list and took note of the parties’ undertaking not to request a re-hearing of the case before the Grand Chamber;
Whereas under the above-mentioned friendly settlement it was agreed that the Government of Italy would pay the applicant, the sum of 9 905 euros in respect of pecuniary and non-pecuniary damages as well as for costs and expenses, within three months as from the notification of the judgment, and that simple interest at a rate equal to the marginal lending rate of the European Central Bank plus three percentage points shall be payable from the expiry of the above-mentioned three months until settlement;
Recalling that Rule 43, paragraph 3, of the Rules of the Court (former Article 44, paragraph 2) provides that the striking-out of a case which has been declared admissible shall be effected by means of a judgment which the President shall forward to the Committee of Ministers once it has become final in order to allow it to supervise, in accordance with Article 46, paragraph 2, of the Convention, the execution of any undertakings which may have been attached to the discontinuance, friendly settlement or solution of the matter;
Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 46, paragraph 2, of the Convention;
Having satisfied itself that on the 28 march 2006, within the expiry of the time-limit agreed to under the terms of the friendly settlement, the government of the respondent state paid the applicant the sum provided for in the friendly settlement and that no other measure was required in the present case to conform to the Court’s judgment,
Recalling that, as regards the applicant’s complaint declared admissible in this case, the Committee of Ministers is at present supervising the execution of judgments of the Court (in particular the Immobiliare Saffi judgment of 28 July 1999) and decisions of Committee of Ministers under former Article 32 of the Convention finding in particular a violation of Article 1, Protocol No. 1 to the Convention on account of the prolonged failure to enforce judicial orders for the eviction of tenants;
Whereas in this connection the Italian authorities informed the Committee of Ministers that they were envisaging new general measures (in addition to the adoption, in December 1998, of Law No. 431/98 “Regulations concerning the renting and the repossession of housing”, which sets inter alia the conditions, modalities and deadlines for the implementation of eviction proceedings) to put to an end the serious problem of non-enforcement of judicial eviction orders, so as to prevent new, similar violations (see Interim Resolution ResDH(2004)72 adopted on 8 December 2004),
Declares, after having examined the information supplied by the government of Italy, that the Committee of Ministers has exercised its functions under Article 46, paragraph 2, of the Convention in this case.
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