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 applications lodged on
25 February 1989 and 29 December 1988 respectively by
Mrs Di Gaetano and Mr Alfonso against Italy
(Applications Nos. 14803/89 and 14805/89);
Whereas on 31 August 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 applications, declared admissible by the
Commission on 8 September 1992, the applicants complained of the
excessive length of certain criminal proceedings;
Whereas in its report adopted on 30 June 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 505th meeting of the Ministers' Deputies held
on 6 January 1994, 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
9 September 1994;
Whereas, at the 520th meeting of the Deputies held on
16 November 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 as just satisfaction, within
three months, to Mrs Di Gaetano the sum of 6 000 000 Italian lire
and to Mr Alfonso the sum of 12 000 000 Italian lire in respect of
non-pecuniary damage, and to both applicants jointly the sum
of 3 630 000 Italian lire in respect of costs and expenses, namely
a total sum of 21 630 000 Italian lire;
Whereas the Committee of Ministers invited the Government of
Italy to inform it of the measures taken following its decisions of
6 January and 16 November 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 reiterated before the
Committee of Ministers that the reforms already adopted - the entry
into force on 24 October 1989 of the new Code of Criminal
Procedure, the internal reforms carried out by the Court of
Cassation and the increase of the budgetary appropriations in order
to finance urgent measures in support of information systems and
the structures, means and services of the administration of justice
- should ensure that in the future criminal proceedings will lead
to judgments delivered within a reasonable time within the meaning
of Article 6 (art. 6) of the Convention (see, inter alia,
Resolutions DH (92) 54 in the case of Frau, DH (94) 41 in the case
of Campicelli and DH (95) 8 in the case of Bandinù II);
Whereas the Committee of Ministers satisfied itself that
on 5 and 7 April 1995 the Government of Italy paid the applicants
the total sum of 21 630 000 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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