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
23 October 1989 by Mr E.S. against Italy
(Application No. 16011/90);
Whereas on 26 May 1994 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 his application, as declared admissible by the
Commission on 1 December 1993 (final decision as to the
admissibility), the applicant complained of the excessive length of
certain criminal proceedings;
Whereas in its report adopted on 6 April 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 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 December 1994;
Whereas, at the 534th meeting of the Deputies, held on
7 April 1995, 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 as just
satisfaction, within three months, 10 000 000 Italian lire in
respect of non-pecuniary damage and 3 000 000 Italian lire in
respect of costs and expenses, namely a total sum of
13 000 000 Italian lire;
Whereas the Committee of Ministers invited the Government of
Italy to inform it of the measures taken following its decisions of
19 October 1994 and 7 April 1995, 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, notably through the entering into force on
24 October 1989 of the new Code of Criminal Procedure (see, inter
alia, Resolution DH (92) 54 in the case of Frau against Italy and
Resolution DH (94) 15 in the case of Sanfilippo against Italy);
Whereas the Committee of Ministers satisfied itself that
on 3 July 1995 the Government of Italy paid the applicant the total
sum of 13 000 000 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