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 Vocaturo delivered on 24 May 1991 and
transmitted the same day to the Committee of Ministers;
Recalling that the case originated in an application
(No. 11891/85) against Italy lodged with the European Commission of
Human Rights on 20 September 1985 under Article 25 (art. 25) of the
Convention by Mr Nicola Vocaturo, an Italian national, and that the
Commission declared admissible the complaint of the excessive
length of certain civil proceedings;
Recalling that the case was brought before the Court by the
Commission on 21 May 1990;
Whereas in its judgment of 24 May 1991 the Court unanimously:
- held that there had been a violation of Article 6,
paragraph 1 (art. 6-1), of the Convention;
- held that the Government of Italy was to pay Mrs Vocaturo
10 500 000 Italian lire in respect of damage and 3 000 000 Italian
lire in respect of 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
24 May 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 5 February 1992 the Government
of Italy paid Mrs Vocaturo the sums provided for in the judgment of
24 May 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