Interim Resolution ResDH(2001)65
concerning the judgment of the European Court of Human Rights
of 13 July 2000 (Grand Chamber)
in the case of Scozzari and Giunta against Italy
(Adopted by the Committee of Ministers on 29 May 2001
at the 753bis meeting of the Ministers’ Deputies)
The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, as amended by Protocol No. 11 (hereinafter referred to as “the Convention”) and having regard to the Rules concerning the application of this Article,
Having regard to the judgment of the European Court of Human Rights in the Scozzari and Giunta case delivered and transmitted to the Committee of Ministers on 13 July 2000, in which the Court notably found two violations of Article 8 of the Convention on account, on the one hand, of the delays in organising contact visits and the limited number of such visits between the first applicant and her children, after they had been taken into public care and, on the other hand, of the placement, uninterrupted to date, of the children in a community (“Il Forteto”) among whose managers are persons convicted for ill-treatment and sexual abuse of handicapped persons placed in the community;
Having regard to the obligation of every State, under Article 46, paragraph 1, of the Convention, to abide by the judgments of the Court, in particular - as the Court also underlined in the said judgment - by putting an end to the violations found and to redress as far as possible their effects;
Having regularly examined the case since September 2000 and having invited the Government of Italy to inform it of the measures taken in consequence of the judgment, while stressing and underlining the urgency attaching to the matter;
Noting that the question of alternative placements has not been addressed by the Italian authorities and that, consequently, Ms Scozzari’s children continue to be placed in the “Forteto” community;
Noting with the greatest interest that, following Ms Scozzari’s taking up residence in Belgium, the Belgian Government has approached the Italian authorities in order to examine the possibilities of organising, by judicial means, the placement of the children in Belgium, near the mother’s place of residence, under the guardianship of the competent youth court;
Finding that such a proposal could provide the basis for a solution respecting the Court’s judgment,
Encourages, considering the urgency of the situation, the Belgian and Italian authorities to implement without delay the proposal so as to put an end to the violations found,
Decides to resume consideration of this case, if need be, at each of its meetings.
Full & Egal Universal Law Academy