Resolution ResDH(2002)55
concerning the judgment of the European Court of Human Rights
of 17 October 2000
in the case of Musmeci against Italy
(Adopted by the Committee of Ministers on 30 April 2002
at the 792nd 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 Musmeci case delivered on 17 October 2000 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. 44355/98) against Italy, lodged with the European Commission of Human Rights on 8 April 1997 under former Article 25 of the Convention by Ms Francesca Musmeci, an Italian national, and that the Court, seized of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible the complaint relating to the excessive length of certain proceedings concerning civil rights and obligations before the Court of Audit;
Whereas in its judgment of 17 October 2000 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, within three months, the global sum of 13 500 000 Italian lire;
Recalling that Rule 44, paragraph 2, of the Rules of 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 21 December 2000, within the time-limit agreed under the terms of the friendly settlement, the government of the respondent state had paid the applicant the sum provided for in the friendly settlement and that no other measure was required in the present case to comply with the Court’s judgment,
Declares, after having taken note of the information supplied by the Government of Italy, that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case.
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