Resolution ResDH(2005)7
concerning the judgment of the European Court of Human Rights
of 22 January 2004 (Friendly settlement)
in the case of Gianturco against Italy
(Adopted by the Committee of Ministers on 23 February 2005
at the 914th 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 as amended by Protocol No. 11 (hereinafter referred to as “the Convention”),
Having regard to the final judgment of the European Court of Human Rights in the Gianturco case delivered on 22 January 2004 and transmitted the same day to the Committee of Ministers under Article 46 of the Convention;
Recalling that the case originated in four applications (No. 40672/98; No.40680/98; No. 40681/98; No. 40884/98) against Italy, lodged with the European Commission of Human Rights on 6, 11, 18 and 23 March 1998 respectively, under former Article 25 of the Convention, by Mr Francesco Gianturco and
Mr Giuseppe Gianturco, two Italian nationals, and that the Court, seised of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible the applicants' complaints concerning their prolonged inability to recover possession of their apartments, due to the lack of police assistance in enforcing judicial eviction orders against the tenants and the excessive length of the eviction proceedings;
Whereas in its judgment of 22 January 2004 the Court, after having taken formal note of a friendly settlement reached by the government of the respondent state and the applicants, 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 applicants the global sum of 16 340 euros, within three months as from the notification of the judgment;
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 9 March 2004, before the expiry of the time-limit agreed to under the terms of the friendly settlement, the Government of the respondent state had paid the applicants the sums 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 regard the applicants' complaints declared admissible in this case, the Committee of Ministers is at present supervising the execution of several judgments of the Court (in particular the judgment in the Immobiliare Saffi case of 28 July 1999), finding inter alia a violation of Article 1, Protocol No. 1 to the Convention on account of the prolonged failure to enforce judicial eviction orders;
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 the 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) in order to put an end to the serious problem of non-enforcement of judicial eviction orders, so as to prevent new violations similar to that found in the above-mentioned case;
Declares, after having examined the information supplied by the Government of Italy, that it has exercised its functions under Article 46, paragraph 2, of the Convention with respect to the commitments subscribed to in the friendly settlement reached in this case.
Full & Egal Universal Law Academy