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 May 1993
by Mr Ivan Aiardo Esposito against Italy (Application
No. 23630/94);
Whereas on 28 April 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 his application, declared admissible by the
Commission on 7 December 1994, the applicant complained of the
excessive length of certain civil proceedings;
Whereas in its report adopted on 28 February 1995, 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 546th meeting of the Ministers' Deputies held
on 13 October 1995, 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
15 September 1995;
Whereas, at the 549th meeting of the Deputies held on
17 November 1995, the Committee of Ministers decided, in accordance
with Article 32, paragraph 2 (art. 32-2), of the Convention, that
no sum of money was to be paid as just satisfaction to the
applicant since the latter had not submitted any claim in this
respect;
Whereas the Committee of Ministers invited the Government of
Italy to inform it of the measures taken following its decisions of
13 October and 17 November 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 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),
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