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 reports 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
3 December 1990 by Mr Tommaso Ersoni against Italy
(Applications Nos. 17895/91, 17896/91, 17897/91, 17898/91);
Whereas on 29 June 1994 the Commission transmitted the said
reports 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 cases having been brought
before the European Court of Human Rights in pursuance of
Article 48 (art. 48) of the Convention;
Whereas in his applications, declared admissible by the
Commission on 8 March 1994, the applicant complained of the
excessive length of several civil proceedings;
Whereas in its reports adopted on 17 May 1994 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 519th meeting of the Ministers' Deputies held
on 19 October 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 all the
cases 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
21 October 1994;
Whereas, at the 522nd meeting of the Deputies held on
5 December 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 the applicant for the four
applications as just satisfaction, within three months,
3 500 000 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 4 500 000 Italian lire;
Whereas the Committee of Ministers invited the Government of
Italy to inform it of the measures taken following its decisions of
19 October and 5 December 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, through the entry 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 March 1995 the Government of Italy paid the applicant the
total sum of 4 500 000 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 these cases;
Authorises the publication of the reports adopted by the
Commission in these cases.
Full & Egal Universal Law Academy