Resolution CM/ResDH(2026)112
Execution of the judgment of the European Court of Human Rights
Petrella against Italy
(Adopted by the Committee of Ministers on 11 June 2026
at the 1563rd meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
24340/07
Petrella
18/03/2021
06/09/2021
The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”);
Having regard to the final judgment transmitted by the Court to the Committee in this case and to the violations of Articles 6, paragraph 1, and 13 of the Convention, established due to the excessive length of the preliminary investigations conducted in the context of the defamation proceedings initiated by the applicant, the lack of an effective remedy for this delay, and the fact that,
as a result of this delay, the proceedings were discontinued before the applicant could join them as a civil party;
Recalling the respondent State’s obligation, under Article 46, paragraph 1, of the Convention, to abide by all final judgments in cases to which it has been a party and that this obligation entails, over and above the payment of any sums awarded by the Court, the adoption by the authorities of the respondent State, where required:
- of individual measures to put an end to violations established and erase their consequences so as to achieve as far as possible restitutio in integrum; and
- of general measures preventing similar violations;
Having invited the government of the respondent State to inform the Committee of the measures taken to comply with the above-mentioned obligation;
Having examined the action report provided by the government, indicating the measures adopted in order to give effect to the judgment including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2025)1308);
Having noted that in the case of Fabbri and Others v. San Marino (no. 6319/21), the Grand Chamber of the Court clarified that where domestic law requires formal constitution as a civil party in criminal proceedings, Article 6 of the Convention in its civil limb applies if, and from the time when, a formal request to obtain such status has been lodged;
Noting that, since under Italian law formal constitution as a civil party is required and the injured party cannot request this status before the preliminary hearing or equivalent procedural stages, Article 6 in its civil limb does not apply to the investigation stage; noting also, in this context, the inadmissibility decision issued by the Court, in the light of the above principles, in the similar case of Bernardini and Gaspari v. Italy (No. 20507/07);
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and
DECIDES to close the examination thereof.