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 Muti against Italy case delivered on 23 March 1994
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
15 June 1988 under Article 25 (art. 25) of the Convention by
Mr Giovanni Muti, an Italian national, and that the Commission
declared admissible the complaint with regard to the length of
certain civil proceedings before the Court of Audit;
Recalling that the case was brought before the Court by the
Government of Italy on 29 July 1993;
Whereas in its judgment of 23 March 1994 the Court
unanimously:
- held that there had been a violation of Article 6,
paragraph 1 (art. 6-1), of the Convention;
- held that the respondent State was to pay the applicant,
within three months, 10 000 000 Italian lire in respect of
non-pecuniary damage and 5 011 050 Italian lire in respect of costs
and expenses;
- dismissed the remainder of 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
23 March 1994, having regard to Italy's 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 informed the Committee that
the reform of the organisation of the Court of Audit (see, inter
alia, Resolution DH (94) 25 in the case of Giancarlo Lombardo)
would prevent the repetition also of the violation found by the
Court in the present case;
Having satisfied itself that on 23 August 1994 the Government
of Italy paid the applicant the sums provided for in the judgment
of 23 March 1994,
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.
Full & Egal Universal Law Academy