Resolution ResDH(2003)164
concerning the judgment of the European Court of Human Rights
of 11 April 2002 (Friendly settlement)
in the case of Mercuri against Italy
(Adopted by the Committee of Ministers on 20 October 2003
at the 854th 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 Mercuri case delivered on 11 April 2002 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. 47247/99) against Italy, lodged with the European Court of Human Rights on 16 March 1999 under Article 34 of the Convention by Mr Pasquale Mercuri, an Italian national, and that the Court declared admissible the applicant’s complaints that his right to access to a tribunal had been violated on account of a decision of the Court of Cassation, in 1998, rejecting, on technical grounds, his request for compensation in respect of his detention on remand followed by acquittal;
Whereas in its judgment of 11 April 2002, 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 14 000 000 Italian lire in respect of pecuniary and non-pecuniary damage and in respect of costs and expenses, within three months as from the notification of the judgment;
Recalling that Rule 44, paragraph 2, of the Rules of the Court provides that the striking-out of a case 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 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 3 July 2002, within the time-limit agreed to under the terms of the friendly settlement, the government of the respondent state had paid the applicant 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,
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 this case.
Full & Egal Universal Law Academy