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 on 18 October 1994 by the European
Commission of Human Rights in accordance with Article 31 (art. 31) of the
Convention relating to the application lodged on 6 December 1992 by Mr Fausto
Spizzichini, Mr Ezio Marasca and
Ms Anna Marasca against Italy (Application No. 21434/93);
Whereas on 8 December 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 their application, as declared admissible by the Commission on
5 July 1994, the applicants complained of the excessive length of certain civil
proceedings;
Whereas in its report 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 536th meeting of the Ministers' Deputies held on 5 May
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 applicants, proposals supplemented by a letter of the President
of the Commission dated 13 April 1995;
Whereas, at the 549th meeting of the Deputies held
on 20 November 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 as just satisfaction, within three months, to Mr Fausto
Spizzichini
4 000 000 Italian lire, to Ms Anna Marasca 2 000 000 Italian lire, and to each
of the four heirs of Mr Ezio Marasca, Messrs. Antonio, Carlo and Silvio Gaetani
and Ms Maria D'Arpino, 500 000 Italian lire in respect of non-pecuniary damage,
namely a total sum of 8 000 000 Italian lire;
Whereas the Committee of Ministers invited the Government of Italy to
inform it of the measures taken following its decisions of 5 May 1995 and 20
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);
Whereas the Committee of Ministers satisfied itself that the Government of
Italy paid the applicants the total sum of
8 000 000 Italian lire as just satisfaction, payment confirmed by the applicants
on 6 June 1996,
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.
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