Resolution ResDH(2006)18
concerning the judgments of the European Court of Human Rights
delivered between 17 March 2005 and 8 December 2005 (Friendly settlements)
in 5 cases against Italy (see Appendix) relating to the sustained impossibility for the applicants to obtain the assistance of the police to implement judicial decisions ordering their tenants’ eviction
(Adopted by the Committee of Ministers on 12 April 2006,
at the 960th 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 (hereinafter referred to as “the Convention”),
Having regard to the final judgments of the European Court of Human Rights in the 5 cases listed in the Appendix to this Resolution, which were delivered between 17 March 2005 and 8 December 2005 and transmitted the same days to the Committee of Ministers under Article 46 of the Convention;
Recalling that these cases originated in applications (see Appendix) against Italy, lodged 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 concerning the sustained impossibility for the applicants to obtain the assistance of the police to implement judicial decisions ordering their tenants’ eviction;
Whereas in its judgments delivered between 17 March 2005 and 8 December 2005 concerning these cases the Court, after having taken formal note of friendly settlements reached by the government of the respondent state and the applicants, and having been satisfied that the settlements were based on respect for human rights as defined in the Convention or its Protocols, decided unanimously to strike these cases out of its list and took note of the parties’ undertaking not to request a re-hearing of the cases before the Grand Chamber;
Whereas under the above-mentioned friendly settlements it was agreed that the government of Italy would pay the applicants certain sums (see Appendix), within three months as from the notification of the judgments and that simple interest would be payable on those sums at a rate equal to the marginal lending rate of the European Central Bank plus three percentage points from the expiry of the above‑mentioned three months until settlement;
Recalling that Rule 43, paragraph 3, of the Rules of the Court (old Rule 44, paragraph 2) provides that the striking-out of a case shall be effected by means of a judgment which the President shall forward to the Committee of Ministers once it has become final in order to allow it to supervise, in accordance with Article 46, paragraph 2, of the Convention, the execution of any undertakings which may have been attached to the discontinuance or solution of the matter;
Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 46, paragraph 2, of the Convention;
Having satisfied itself that on dates indicated in the appendix, within time-limits agreed to under the terms of the friendly settlements, the government of the respondent state had paid the applicants the sums provided for in the friendly settlement and that no other measure was required in the present cases to conform to the Court’s judgment;
Recalling that, as regards the applicants’ complaints declared admissible in these cases, the Committee of Ministers is at present supervising the execution of judgments of the Court (in particular the Immobiliare Saffi judgment of 28 July 1999) and decisions of Committee of Ministers under former Article 32 of the Convention finding in particular a violation of Article 1, Protocol No. 1 to the Convention on account of the prolonged failure to enforce judicial orders for the eviction of tenants;
Whereas in this connection the Italian authorities informed the Committee of Ministers that they were envisaging new general measures (in addition to the adoption, in December 1998, of Law No. 431/98 “Regulations concerning the renting and the repossession of housing”, which sets inter alia the conditions, modalities and deadlines for the implementation of eviction proceedings) to put to an end the serious problem of non-enforcement of judicial eviction orders, so as to prevent new, similar violations (see Interim Resolution ResDH(2004)72 adopted on 8 December 2004),
Declares, after having examined the information supplied by the government of Italy, that the Committee of Ministers has exercised its functions under Article 46, paragraph 2, of the Convention with respect to the commitments subscribed to in these cases.
Appendix to Resolution ResDH(2006)18
Details of the sums agreed to in the friendly settlements
Case
Application No.
Date of the judgment
Costs
Amount
Global sum
Date of payment
ACCARDO Rosa
62913/00
17/03/05
8 000,00 €
22/04/05
DEL DUCE Giovanni
65674/01
07/04/05
6 085,00 €
13/05/05
BROCCO Roberto and Paola
68074/01
07/04/05
12 000,00 €
06/05/05
QUATTRINI Filomena
68189/01
08/12/05
11 711,10 €
11/01/06
SFERRAZZO Renato and PAPINI Paola
69308/01
07/04/05
10 000,00 €
05/05/05
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