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 Raimondo case delivered on 22 February 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
23 April 1987 under Article 25 (art. 25) of the Convention
by Mr Guiseppe Raimondo, an Italian national, and that the Commission declared admissible the complaints regarding the confiscation of certain of his possessions, the special police supervision to which he was subjected and the length of the proceedings he brought to challenge these measures;
Recalling that the case was brought before the Court by the Commission on 18 January 1993;
Whereas in its judgment of 22 February 1994 the Court unanimously:
- held that no violation of Article 1 of Protocol No. 1
(P1-1) had been established either in respect of the confiscation of the applicant's property up to 31 December 1986 or in respect of the damage occasioned by those measures;
- held that there had been a breach of the same article
(P1-1) inasmuch as the confiscation, on 16 October 1985, of a lorry and nine items of real property remained entered in the relevant registers after 31 December 1986 and that no other violation of that provision had been established;
- held that there had been a violation of Article 2 of Protocol No. 4 (P4-2) at least in so far as the special police supervision had continued after 2 December 1986;
- held that Article 6 (art. 6) of the Convention did not apply to the said special supervision;
- held that there had been no violation of that provision as regards the length of the confiscation proceedings;
- held that the respondent state was to pay to Mr Raimondo, within three months, 10 000 000 Italian lire for non-pecuniary damage and 5 000 000 Italian lire for costs and expenses;
- dismissed the remainder of the applicant's claims 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 22 February 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 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 30 July 1996 the Government of Italy paid the applicant the sums provided for in the judgment of 22 February 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.
Appendix to Resolution DH (96) 468
Information provided by the Government of Italy
during the examination of the Raimondo case
by the Committee of Ministers
In order to ensure that the violations found by the Court in the present case will not be repeated, the Ministry of Justice has distributed the Court's judgment, together with an Italian translation, to the authorities concerned.
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