The Committee of Ministers, under the terms of Article 54
(art. 54) of the Convention for the Protection of Human Rights and
Fundamental Freedoms (hereinafter referred to as "the Convention"),
Having regard to the judgment of the European Court of Human
Rights in the Messina case delivered on 26 February 1993 and
transmitted the same day to the Committee of Ministers;
Recalling that the case originated in an application against
Italy lodged with the European Commission of Human Rights on
27 October 1987 under Article 25 (art. 25) of the Convention
by Mr Antonio Messina, an Italian national, and that the Commission
declared admissible his complaint that certain criminal proceedings
brought against him had not been concluded within a reasonable time
and also certain complaints regarding interferences with his right
to respect for his correspondence;
Recalling that the case was brought before the Court by the
Commission on 13 April 1992;
Whereas in its judgment of 26 February 1993 the Court:
- held, unanimously, that there had been a violation of
Article 6, paragraph 1 (art. 6-1);
- held, by seven votes to two, that there had been a breach of
Article 8 (art. 8);
- held, unanimously, that the respondent state was to pay to
the applicant, within three months, 5 000 000 Italian lire for
non-pecuniary damage;
- dismissed, unanimously, the remainder of the claim for just
satisfaction;
Having regard to the Rules adopted by the Committee of
Ministers concerning the application of Article 54 (art. 54) of the
Convention;
Having invited the Government of Italy to inform it of the
measures which had been taken in consequence of the judgment
of 26 February 1993, having regard to its obligation under
Article 53 (art. 53) of the Convention to abide by it;
Whereas, during the examination of the case by the Committee
of Ministers, the Government of Italy gave the Committee
information about the measures taken in consequence of the
judgment, which information appears in the appendix to this
resolution;
Having satisfied itself that on 18 May 1994 the Government of
Italy paid the applicant the sum provided for in the judgment
of 26 February 1993,
Declares, after having taken note of the information supplied
by the Government of Italy, that it has exercised its functions
under Article 54 (art. 54) of the Convention in this case.
Appendix to Resolution DH (94) 62
Information provided by the Government of Italy
during the examination of the Messina case
by the Committee of Ministers
The government finds that the reforms cited in, inter alia,
the appendix to Resolution DH (92) 37 in the Mori case (the reform
of the Code of Criminal Procedure which entered into force on
24 October 1989, the reform of the Court of Cassation's working
methods and the increased budgetary appropriations for the
administration of justice) are apt to prevent further repetitions
of the violation of the right to a trial within a reasonable time
found by the Court in the present case.
With regard to the violation of Article 8 (art. 8) of the
Convention established by the Court, the government (Ministry of
Justice) sent out, on 14 March 1994, a circular to the directors of
regional prison administrations and to the directors of prisons for
adults (including district prisons) informing them of the contents
of the Court's judgment and ordering them to adopt the following
measures in order to solve, by administrative means, the problems
posed by this judgment while awaiting an amendment to Rule 36 of
the Enforcement Regulations (regolamente di esecuzione).
Prison directors should henceforth ensure that letters and
telegrams addressed to a detained person which are being held back
for inspection are entered on a special register. The addressee
must immediately be informed of the measure. If, following the
competent judicial authority's control of the interception, the
letters or telegrams in question are to be delivered to the
detained person who is the addressee, the prison director shall
ensure that the addressee signs and dates a receipt.
Outgoing letters and telegrams which are held back for
inspection must also be entered on the register. If, following the
control exercised by the competent judicial authority, the
correspondence is to be forwarded to the addressee, the date of
dispatch shall be noted on the register (in the case of a
registered or insured letter, or a telegram, the entry on the
register shall also include particulars as to the means of dispatch
used). The prison director shall also ensure that the persons
detained are informed of the decision. This shall be evidenced by
the detained person countersigning, with an indication of the date
of signature, the pertinent entry on the register.
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