Resolution ResDH(2005)48
concerning the judgments of the European Court of Human Rights
of 28 March 2002 (final on 28 June 2002)
in 4 cases against Italy (see appendix) relating to the excessive length of proceedings concerning civil rights and obligations before the Court of Audit
(Adopted by the Committee of Ministers on 21 June 2005,
at the 928th meeting of the Ministers' Deputies)
The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, as amended by Protocol No. 11 (hereinafter referred to as “the Convention”),
Having regard to the judgments of the European Court of Human Rights in the 4 cases details of which appear in the appendix to this resolution, delivered on 28 March 2002 and transmitted to the Committee of Ministers once they had become final under Articles 44 and 46 of the Convention;
Recalling that the cases originated in applications against Italy, lodged between 7 October 1996 and 16 February 1999 with the European Commission of Human Rights under former Article 25 of the Convention or with the European Court of Human Rights under Article 34 of the Convention by several Italian nationals, and that the Court declared admissible the complaints related to the excessive length of certain proceedings concerning civil rights and obligations before the Court of Audit;
Recalling that in the Manna case (application No. 54312/00), the applicant died in the course of the proceedings and that two of her six heirs, Mr Francesco De Lio and Mrs Elvira Manna, expressed the wish to continue the proceedings;
Whereas in its judgments of 28 March 2002 concerning these cases the Court unanimously:
- held that there had been a violation of Article 6, paragraph 1, of the Convention;
- held that the respondent state was to pay the applicants, within three months from the date at which the judgments became final, the amounts of just satisfaction (set out in the appendix to this resolution) and that simple interest at an annual rate of 3% would be payable on those sums from the expiry of the above-mentioned three months until settlement;
- dismissed the remainder of the applicants' claim for just satisfaction;
Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 46, paragraph 2, of the Convention;
Having invited the government of the respondent state to inform it of the measures which had been taken in consequence of the judgments of 28 March 2002, having regard to Italy's obligation under Article 46, paragraph 1, of the Convention to abide by it;
Having satisfied itself that on the dates indicated in the appendix, the government of the respondent state had paid the applicants the sums provided for in the judgments of 28 March 2002, the applicants in the Amici and Manna cases having waived payment of default interest, and that no other measure was required in the present cases to conform to the Court's judgment,
Declares, after having examined the information supplied by the Government of Italy, that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases.
Appendix to Resolution ResDH(2005)48
Details of the just satisfaction awarded to the applicants
Case
Application
Date of judgment
Date of final judgment
Non-pecuniary damage
Costs
Date of payment
LEONARDI Carmelo
54278/00
28/03/02
28/06/02
7000 €
500 €
13/09/02
AMICI Alfio
54282/00
28/03/02
28/06/02
48000 €
500 €
12/12/02
MANNA Rosa
54312/00
28/03/02
28/06/02
16000 €
2000 €
03/10/02
SPORTOLA Mario
54319/00
28/03/02
28/06/02
28000 €
500 €
09/12/02 + interest
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