Resolution CM/ResDH(2023)419
Execution of the judgments of the European Court of Human Rights
13 cases against Italy
(Adopted by the Committee of Ministers on 13 December 2023
at the 1484th meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
14833/16
D.S.
24/06/2021
24/09/2021
3204/18
CIRIGLIANO
22/07/2021
22/07/2021
39361/18
F.M.
22/07/2021
22/07/2021
40931/15
C.A. AND OTHERS
22/07/2021
22/07/2021
42488/12
A.C.
07/10/2021
07/10/2021
43285/17
A.D.
22/07/2021
22/07/2021
49511/18
G.T.
22/07/2021
22/07/2021
51623/19
CIAFFARDINI
16/09/2021
16/09/2021
54330/14
NAPPO
14/04/2022
14/04/2022
54645/15
A.C. AND OTHERS
22/07/2021
22/07/2021
56541/16
G.V. AND V.M.
22/07/2021
22/07/2021
61639/16
G.D.
22/07/2021
22/07/2021
62997/16
G.D.
22/07/2021
22/07/2021
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 judgments transmitted by the Court to the Committee in these cases and to the violations of Article 2 of the Convention established on account of the excessive length of the civil proceedings undertaken by the applicants (or their deceased relatives) to obtain compensation for the damages suffered as a result of transfusions of infected blood; having regard also to the violations of Article 6 and 1 of Protocol No. 1 found in the case of D.S. on account of the late enforcement of domestic judicial decisions granting the applicant such compensation;
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 examined the information provided confirming the payment of the just satisfaction awarded by the Court to the applicants for non-pecuniary damage and costs and expenses;
Considering that the question of individual measures was resolved in these cases, given that the domestic proceedings had been concluded and the domestic decisions in question in the case of D.S. had been enforced at the time the Court delivered its the judgments;
Recalling that the question of general measures required in response to the shortcomings found by the Court in these judgments continues to be examined within the framework of the group of cases D.A. and Others v. Italy (No. 68060/12), also in the light of the Court’s findings in these cases, and that the closure of these cases therefore in no way prejudges the Committee’s assessment of the general measures required;
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases;
CONCLUDES that the necessary individual measures have been adopted;
DECIDES to continue to supervise the adoption of the necessary general measures to ensure a prompt judicial determination of the claims of individuals in the same situation as the applicants in the group of cases D.A. and Others v. Italy;
DECIDES to close the examination of these cases.