The Committee of Ministers, under the terms of Article 32 (art. 32) of the
Convention for the Protection of Human Rights and Fundamental Freedoms
(hereinafter referred to as "the Convention"),
Having regard to Interim Resolution DH (95) 407, adopted in the case of
Cherubin against Italy (Application No. 24312/94) in which the Committee of
Ministers decided that there had been a violation of Article 6, paragraph 1
(art. 6-1), of the Convention and to make public the report of the European
Commission of Human Rights;
Whereas the Committee of Ministers examined the proposals made by the
Commission when transmitting its report as regards just satisfaction to be
awarded to the applicant, proposals supplemented by a letter of the President of
the Commission dated
8 December 1995;
Whereas, at the 556th meeting of the Ministers' Deputies held on 9
February 1996, the Committee of Ministers decided, in accordance with Article
32, paragraph 2 (art. 32-2), of the Convention, that the Government of Italy was
to pay the applicant as just satisfaction, within three months, 12 000 000
Italian lire in respect of non-pecuniary damage and 1 500 000 Italian lire in
respect of costs and expenses, namely a total sum of
13 500 000 Italian lire and that interest should be payable on any non-paid sum
at the statutory rate applicable on the date of this decision, it being
understood that the interest will accrue from the expiry of the time-limit until
full payment is placed at the disposal of the applicant;
Whereas the Committee of Ministers invited the Government of Italy to
inform it of the measures taken following its decisions of 15 December 1995 and
9 February 1996, having regard to Italy's obligation under Article 32, paragraph
4 (art. 32-4), of the Convention to abide by them;
Whereas the Government of Italy recalled that measures had already been
taken to prevent the repetition of the violation found in this case, notably
through the entry into force on 30 April and 1 May 1995 of two laws
restructuring the civil courts and speeding up the proceedings in civil cases
(see Resolution DH (95) 82 in the case of Zanghì against Italy);
Whereas the Committee of Ministers satisfied itself that
on 15 April 1996, within the time-limit set, the Government of Italy paid the
applicant the total sum of 13 500 000 Italian lire as just satisfaction,
Declares, having taken note of the measures taken by the Government of
Italy, that it has exercised its functions under Article 32 (art. 32) of the
Convention in this case.
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