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 11 November 1987 by Mr F.M. against Italy
(Application No. 13549/88);
Whereas on 3 December 1992 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 the applicant complained in
particular of the excessive length of a criminal procedure;
Whereas the Commission declared the application in part
admissible on 13 May 1992 (final decision on the admissibility)
and in its report adopted on 14 October 1992 expressed
unanimously the opinion that there had been a violation of
Article 6, paragraph 1 (art. 6-1), of the Convention;
Whereas, at the 491st meeting of the Ministers' Deputies
held on 1 April 1993, 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
22 October 1993;
Whereas at the 504th meeting of the Deputies held
on 14 December 1993, 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
within three months 20 000 000 Italian lire in respect of
non-pecuniary damage and 5 000 000 Italian lire for costs;
Whereas the Committee of Ministers invited the Government
of Italy to inform it of the measures taken following its
decisions of 1 April 1993 and 14 December 1993, 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 reiterated before the
Committee of Ministers that the reforms already adopted - the
entry into force on 24 October 1989 of the new Code of Criminal
Procedure, the internal reforms carried out by the Court of
Cassation and the increase of the budgetary appropriations in
order to finance urgent measures in support of information
systems and the structures, means and services of the
administration of justice - should ensure that in the future
criminal proceedings will lead to judgments delivered within a
reasonable time within the meaning of Article 6 (art. 6) of the
Convention (see, inter alia, Resolution DH (92) 54 concerning the
judgment of the European Court of Human Rights in the case of
Frau against Italy);
Whereas the Committee of Ministers satisfied itself that the
Government of Italy paid the applicant on 2 May 1994 the sum of
25 000 000 Italian lire in respect of 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.
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