Resolution CM/ResDH(2008)50[1]
Execution of the judgment of the European Court of Human Rights
Rapacciuolo against Italy
(Application No. 76024/01, judgment of 19 May 2005, final on 12 October 2005)
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 judgment transmitted by the Court to the Committee once it had become final;
Recalling that the violation of the Convention found by the Court in this case concerns the failure, by the Italian courts, to give prompt decisions concerning the lawfulness of applicant's detention on remand (violation of Article 5§4), (see details in Appendix);
Having invited the government of the respondent state to inform the Committee of the measures taken to comply with Italy's obligation under Article 46, paragraph 1, of the Convention to abide by the judgment;
Having examined the information provided by the government in accordance with the Committee's Rules for the application of Article 46, paragraph 2, of the Convention;
Having satisfied itself that the respondent state paid the applicant the just satisfaction provided in the judgment (see details in Appendix),
Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded by the Court in its judgments, the adoption by the respondent state, where appropriate:
- of individual measures to put an end to the violations and erase their consequences so as to achieve as far as possible restitutio in integrum; and
- of general measures preventing similar violations;
DECLARES, having examined the measures taken by the respondent state (see Appendix), that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and
DECIDES to close the examination of this case.
Appendix to Resolution CM/ResDH(2008)50
Information about the measures taken to comply with the judgment
in the case of Rapacciuolo against Italy
Introductory case summary
The case concerns the failure, by the Italian courts, to give speedy decisions concerning the lawfulness of applicant's detention on remand. Decisions were given 2 months and 27 days (Naples Court), 7 months and 23 days and 4 months and 10 days (Court of Cassation), after the applicant lodged his complaints (violation of Article 5§4).
I.Payment of just satisfaction and individual measures
a) Details of just satisfaction
Pecuniary damage
Non-pecuniary damage
Costs and expenses
Total
-
4 000 EUR
2 500 EUR
6 500 EUR
Paid on 16/01/2006
b) Individual measures
The applicant has not been detained on remand since 1999 and the European Court granted him just satisfaction in respect of the non-pecuniary damage suffered. Thus, no other individual measure appears necessary.
II.General measures
Domestic law seems to satisfy the requirements of the Convention, as the Code of Criminal Procedure, in particular Articles 309 et seq., lays down tight time-limits in this respect. Regarding the correct application of the law and of the European Convention, the government stated that the President of the Court of Cassation had written to all Presidents of Section reminding them of the need to keep control of procedural deadlines applicable to remand decisions.
An abstract of the European Court's judgment was published on the internet site of the Court of Cassation which is accessible to law professionals.
III.Conclusions of the respondent state
The government considers that the measures taken have fully remedied the consequences for the applicant of the violation of the Convention found by the European Court in this case, that these measures will prevent new, similar violations and that Italy has thus complied with its obligations under Article 46, paragraph 1, of the Convention.
[1] Adopted by the Committee of Ministers on 25 June 2008 at the 1028th meeting of the Ministers’ Deputies
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