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 6 September 1994 by the European
Commission of Human Rights in accordance with
Article 31 (art. 31) of the Convention relating to the application lodged on 8
November 1991 by Mr Fortunato Malvaso and
Mr Guido Malvaso against Italy (Application No. 19450/92);
Whereas on 2 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, declared admissible by the Commission on 17
May 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 534th meeting of the Ministers' Deputies held on 7 April
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 542nd meeting of the Deputies held on 11 September 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 each
applicant as just satisfaction, within three months, 3 000 000 Italian lire in
respect of non-pecuniary damage and 250 000 Italian lire in respect of costs and
expenses, namely a total sum of 6 500 000 Italian lire;
Whereas the Committee of Ministers invited the Government of Italy to
inform it of the measures taken following its decisions of 7 April 1995 and 11
September 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 on
23 November 1995, within the time-limit set, the Government of Italy paid the
applicants the total sum of 6 500 000 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 this case;
Authorises the publication of the report adopted by the Commission in this
case.
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