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 1 June 1990 by Mr Pasquale D'Aquino and Ms Livia D'Aquino
against Italy (Application No. 17482/90);
Whereas on 10 August 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 their application, declared admissible by the Commission on 7
December 1994, the applicants complained of the excessive length of certain
civil proceedings;
Whereas in its report adopted on 27 June 1995 the Commission expressed,
unanimously, the opinion that there had been a violation of Article 6, paragraph
1 (art. 6-1), of the Convention and that it was not necessary to examine whether
there had been a violation of Article 1 of Protocol No. 1 (P1-1);
Whereas, at the 556th meeting of the Ministers' Deputies held on 9
February 1996, 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,
Authorises the publication of the report adopted by the Commission in this
case;
Decides to pursue the examination of the present case in accordance with
Article 32 (art. 32) of the Convention with a view to adopting the final
resolution.
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