COUNCIL OF EUROPE
COMMITTEE OF MINISTERS
INTERIM RESOLUTION DH (96) 661
HUMAN RIGHTS
APPLICATION No. 26843/95
DE LUCA GIANNI AGAINST ITALY
(Adopted by the Committee of Ministers on 15 November 1996
at the 576th meeting of the Ministers' Deputies)
The Committee of Ministers, under the terms of Article 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 on 5 March 1996 by the European Commission of Human Rights in accordance with Article 31 of the Convention relating to the application lodged on 15 February 1994 by Mr Gianni De Luca against Italy (Application No. 26843/95);
Whereas on 23 April 1996 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, of the Convention has elapsed without the case having been brought before the European Court of Human Rights in pursuance of Article 48 of the Convention;
Whereas in his application, declared admissible by the Commission on 5 December 1995, the applicant complained of the excessive length of certain criminal proceedings combined with civil action for damages and subsequent civil proceedings;
Whereas in its report the Commission expressed, unanimously, the opinion that there had been a violation of Article 6, paragraph 1, of the Convention;
Whereas at the 576th meeting of the Ministers' Deputies, the Committee of Ministers, agreeing with the opinion expressed by the Commission, held, in a decision adopted on 15 November 1996, having voted in accordance with the provisions of Article 32, paragraph 1, of the Convention, that there had been in this case a violation of Article 6, paragraph 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 of the Convention with a view to adopting the final resolution.
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