COLELLA AGAINST ITALY



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 the report drawn up on 12 October 1994 by the European

Commission of Human Rights in accordance with Article 31 (art. 31) of the

Convention relating to the application lodged on 19 February 1990 by Mr Antonio

Colella against Italy

(Application No. 16644/90);

Whereas on 1 December 1994 the Commission transmitted the said report to

the Committee of Ministers and the case has not been referred to the European

Court of Human Rights, either by the Commission or by a state entitled to do so

under Article 48

(art. 48) of the Convention, within the time-limit of three months from the

transmission of the report to the Chairman of the Committee of Ministers;

whereas, however, within this time-limit, the applicant seized the Court in

accordance with Protocol No. 9 (P9) but considering that the screening panel of

the Court decided on 13 September 1995 that this case would not be considered by

the Court, the Committee of Ministers is now called upon to take a decision in

accordance with Article 32 (art. 32) of the Convention and with Article 48 (art.

48) of the Convention as amended by Article 5 of Protocol No. 9 (P9-5) for those

states having ratified the latter;

Whereas in his application, declared admissible by the Commission on 29

June 1994, the applicant complained of the excessive length of certain civil

proceedings;

Whereas in its report the Commission expressed, unanimously, the opinion

that there had been a violation of Article 6, paragraph 1 (art. 6-1), of the

Convention;

Whereas, at the 546th meeting of the Ministers' Deputies held on 19

October 1995, the Committee of Ministers, agreeing with the opinion expressed by

the Commission, held, having voted in accordance with the provisions of Article

32, paragraph 1

(art. 32-1), of the Convention, that there had been in this case a violation of

Article 6, paragraph 1 (art. 6-1), of the Convention;

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

27 October 1995;

Whereas, at the 553rd meeting of the Deputies held on

15 December 1995, 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, 3 500 000

Italian lire in respect of non-pecuniary damage;

Whereas the Committee of Ministers invited the Government of Italy to

inform it of the measures taken following its decisions of 19 October 1995 and

15 December 1995, 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 29 March 1996 the Government of Italy paid the applicant the total sum of 3

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;

Authorises the publication of the report adopted by the Commission in this

case.

 

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