INTERIM resolution DH () 142
HUMAN RIGHTS
APPLICATION No. 35938/97
CHIAPETTO AGAINST ITALY
(Adopted by the Committee of Ministers on 19 February 1999
at the 659th meeting of the Ministers’ Deputies)
The Committee of Ministers, under the terms of Article 32 of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as “the Convention”),
Having regard to the report drawn up on 27 May 1998 by the European Commission of Human Rights in accordance with Article 31 of the Convention relating to the application lodged on 4 September 1996 by an Italian national, Mr Vincenzo Chiapetto, against Italy;
Whereas on 3 August 1998 the Commission transmitted the said report to the Committee of Ministers and whereas the period of three months provided for in Article 32, paragraph 1, of the Convention has elapsed without the case having been brought before the European Court of Human Rights in pursuance of Article 48 of the Convention;
Whereas in his application, as declared admissible by the Commission on 10 March 1998, the applicant complained of the excessive length of certain proceedings before the civil courts as well as of a violation of his right to the peaceful enjoyment of his possessions;
Whereas in its report the Commission expressed, unanimously, the opinion that there had been a violation of Article 6, paragraph 1, of the Convention and that it was not necessary to examine whether there had been a violation of Article 1 of Protocol No. 1, of the Convention;
Whereas at the 659th meeting of the Ministers’ Deputies, the Committee of Ministers, having voted in accordance with the provisions of Article 32, paragraph 1, of the Convention, and agreed with the opinion expressed by the Commission, held, by a decision adopted on 19 February 1999, that there had been in this case a violation of Article 6, paragraph 1, of the Convention,
Authorises the publication of the report adopted by the Commission in this case;
Decides to pursue the examination of the present case, in accordance with Article 32 of the Convention with a view to adopting the final resolution.
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