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 by the European
Commission of Human Rights in accordance with Article 31 (art. 31)
of the Convention relating to the application lodged on
3 August 1989 by Saverio Curatella and four others against Italy
(Application No. 15806/89);
Whereas on 23 June 1993 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 their application, declared admissible by the
Commission on 8 January 1993, the applicants complained of the
excessive length of certain criminal proceedings combined with
civil action for damages and of certain subsequent civil
proceedings for damages;
Whereas in its report adopted on 5 May 1993 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 501st meeting of the Ministers' Deputies held
on 9 November 1993, 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 applicants, proposals
supplemented by a letter of the President of the Commission dated
22 October 1993;
Whereas, at the 507th meeting of the Deputies held
on 3 February 1994, 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 each applicant
as just satisfaction, within three months, 1 000 000 Italian lire
in respect of non-pecuniary damage and 1 000 000 Italian lire in
respect of costs and expenses, namely a total sum of
10 000 000 Italian lire;
Whereas the Committee of Ministers invited the Government of
Italy to inform it of the measures taken following its decisions of
9 November 1993 and 3 February 1994, 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 entering into force on
24 October 1989 of the new Code of Criminal Procedure (see, inter
alia, Resolution DH (92) 54 in the case of Frau against Italy and
Resolution DH (94) 15 in the case of Sanfilippo against Italy); and
through the entering into force on 30 April and 1 May 1995 of two
laws restructuring the civil courts and speeding up the civil
proceedings (see Resolution DH (95) 82 in the case of Zanghì
against Italy);
Whereas the Committee of Ministers satisfied itself that
on 28 November 1994 the Government of Italy paid the applicants the
total sum of 10 000 000 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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