D.A. AND L.G. 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 by the European

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

of the Convention relating to the application lodged on

16 June 1987 by D.A. and L.G. against Italy

(Application No. 13008/87);

     Whereas on 29 June 1992 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 10 September 1991, the applicants complained of the

excessive length of certain civil proceedings;

     Whereas in its report adopted on 13 May 1992 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 483rd meeting of the Ministers' Deputies held

on 10 November 1992, 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

9 July 1993;

     Whereas, at the 504th meeting of the Deputies held

on 14 December 1993, 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 applicants

as just satisfaction, within three months, 10 000 000 Italian lire

in respect of non-pecuniary damage and 5 000 000 Italian lire in

respect of costs and expenses, namely a total sum of

15 000 000 Italian lire;

     Whereas the Committee of Ministers invited the Government of

Italy to inform it of the measures taken following its decisions of

10 November 1992 and 14 December 1993, 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, through notably 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 5 May 1994 the Government of Italy paid the applicants the total

sum of 15 000 000 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.

 

Full & Egal Universal Law Academy