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 Venditelli case delivered on 18 July 1994 and
transmitted the same day to the Committee of Ministers;
Recalling that the case originated in an application
(No. 14804/89) against Italy lodged with the European Commission of
Human Rights on 11 January 1989 under Article 25 (art. 25) of the
Convention by Mr Manlio Venditelli, an Italian national, and that
the Commission declared admissible the complaint that the criminal
proceedings brought against him had not been concluded within a
reasonable time and that he had suffered an unjustified
interference with his right to the peaceful enjoyment of his
possessions arising out of the length of the proceedings and the
continued sequestration of his flat after the competent court had
found that the offence in question had been amnestied and the
prosecution barred as a result of a presidential decree;
Recalling that the case was brought before the Court by the
Commission on 12 July 1993;
Whereas in its judgment of 18 July 1994 the Court:
- held by five votes to four that there had been no breach of
Article 6, paragraph 1 (art. 6-1), of the Convention;
- held by five votes to four that there had been no breach of
Article 1 of Protocol No. 1 taken together with Article 6,
paragraph 1 (P1-1, art. 6-1);
- held unanimously that there had been a breach of Article 1
of Protocol No. 1 (P1-1) in that the sequestration of the
applicant's flat had continued beyond 30 October 1990;
- dismissed unanimously the 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
18 July 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,
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 (95) 90
Information provided by the Government of Italy
during the examination of the Venditelli case
by the Committee of Ministers
The Ministry of Justice has taken certain measures in order to
prevent the repetition of the violation found: a circular has been
sent to all courts drawing their attention to the necessity of
lifting any sequestration order as soon as the sequestration is not
required in the interests of the proceedings; in addition, the
judgment of the Court has been sent to the authorities directly
concerned (to the Court of Appeal of Rome and the pretore of the
city).
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