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 case of Santilli delivered on 19 February 1991 and
transmitted the same day to the Committee of Ministers;
Recalling that the case originated in an application
(No. 11634/85) against Italy, lodged with the European Commission
of Human Rights on 4 March 1985 under Article 25 (art. 25) of the
Convention by Mr Franco Santilli, an Italian national, and that the
Commission declared admissible the complaints of the excessive
length of certain civil proceedings and of a breach of his right to
a peaceful enjoyment of his possessions;
Recalling that the case was brought before the Court by the
Commission on 16 February 1990;
Whereas in its judgment of 19 February 1991 the Court
unanimously:
- held that there had been a violation of Article 6,
paragraph 1 (art. 6-1), of the Convention;
- held that it was unnecessary to rule on the complaint based
on Article 1 of Protocol No. 1 (P1-1);
- held that the respondent state was to pay the applicant
10 000 000 Italian lire for non-material prejudice and
4 000 000 Italian lire for costs and expenses;
- dismissed the remainder of the 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
19 February 1991, having regard to Italy's obligation under
Article 53 (art. 53) of the Convention to abide by it;
Whereas the Government of Italy recalled that measures had
already been taken to prevent the repetition of the violation found
in this case, through the entry into force on 30 April and
1 May 1995 of two laws restructuring the civil courts and speeding
up the civil proceedings (see Resolution DH (95) 82 in the case of
Zanghì against Italy);
Having satisfied itself that on 31 January 1992 the Government
of Italy paid the applicant the sum provided for in the judgment of
19 February 1991,
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