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 Ciulla case delivered on 22 February 1989 and transmitted the same
day to the Committee of Ministers;
Recalling that the case originated in an application against Italy
lodged with the European Commission of Human Rights on 5 June 1984
under Article 25 (art. 25) of the Convention by Mr Salvatore Ciulla,
an Italian national, who complained of his arrest and detention
pending a decision on an application for a compulsory residence order
and of the impossibility for him under Italian law to obtain an
entitlement to compensation following that deprivation of liberty;
Recalling that the case was brought before the Court by the Commission
on 15 July 1987;
Whereas in its judgment of 22 February 1989 the Court:
- held unanimously that the Government were estopped from relying on
the rule of exhaustion of domestic remedies as regards the
possibilities of:
- pleading Article 5 (art. 5) of the Convention in support of an
appeal on points of law;
- applying for a review of the constitutionality of Section 6 of the
1956 law;
- bringing an action for damages against the state;
- rejected unanimously as unfounded the remainder of the objection
that domestic remedies had not been exhausted;
- held by fifteen votes to two that there had been a violation of
paragraph 1 of Article 5 (art. 5-1) of the Convention;
- held by thirteen votes to four that ther had been a violation of
paragraph 5 (art. 5-5) of the same provision;
- held unanimously that the present judgment constituted in itself
sufficient just satisfaction for the purpose of Article 50 (art. 50);
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 Goverment of Italy to inform it of the measures
which had been taken in consequence of the judgment, having regard to
its obligation under Article 53 (art. 53) of the Convention to abide
by it;
Whereas, during the examination of the case by the Committee of
Ministers, the Government of Italy gave the Committee information
about the measures taken in consequence of the judgment, which
information appears in the appendix to this resolution,
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.
Appendix to Resolution DH (90) 13
Information provided by the Government of Italy
during the examination of the Ciulla case
before the Committee of Ministers
Law No. 327 of 3 August 1988, amending Article 6 of the 1956 law,
abolished the special form of detention at issue in the present case.
This amendment was already made before the Court's judgment was
delivered on 22 February 1989.
Articles 314 and 315 of the new Code of Criminal Procedure which came
into force on 24 October 1989 establish a right to compensation for
wrongful detention in certain circumstances.
Full & Egal Universal Law Academy