CORTESE 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 28 February 1995 by the European

Commission of Human Rights in accordance with

Article 31 (art. 31) of the Convention relating to the application lodged on 21

July 1993 by Ms Giuseppina Cortese against Italy (Application No. 23620/94);

Whereas on 28 April 1995 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 (art. 32-1), of the Convention has elapsed without the

case having been brought before the European Court of Human Rights in pursuance

of Article 48 (art. 48) of the Convention;

Whereas in her application, declared admissible by the Commission on 7

December 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 13

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

15 September 1995;

Whereas on 14 June 1996, at the 567th meeting of the Deputies, the

Committee of Ministers decided, in accordance with Article 32, paragraph 2 (art.

32-2), of the Convention, that no sum of money was to be paid to the applicant

as just satisfaction, since the latter had not submitted any claim in this

respect;

Whereas the Committee of Ministers invited the Government of Italy to

inform it of the measures taken following its decisions of 13 October 1995 and

25 June 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),

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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