G.A. AGAINST ITALY



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 17 January 1995 by the European

Commission of Human Rights in accordance with Article 31 of the Convention

relating to the application lodged on 4 May 1993 by Mr G. A. against Italy

(Application No. 23471/94);

Whereas on 2 March 1995 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, of the Convention has elapsed without the case having

been brought before the European Court of Human Rights in pursuance of Article

48 of the Convention;

Whereas in his application, declared admissible by the Commission on 18

October 1994, the applicant 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, of the Convention;

Whereas, at the 542nd meeting of the Ministers' Deputies held on 11

September 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, of the Convention, that there had been in this case a

violation of Article 6, paragraph 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 7 July 1995;

Whereas, at the 546th meeting of the Deputies held on 19 October 1995, the

Committee of Ministers decided, in accordance with Article 32, paragraph 2, of

the Convention, that the Government of Italy was to pay the applicant as just

satisfaction, within three months, 4 000 000 Italian lire in respect of non-

pecuniary damage and 500 000 Italian lire in respect of costs and expenses,

namely a total sum of 4 500 000 Italian lire;

Whereas the Committee of Ministers invited the Government of Italy to

inform it of the measures taken following its decisions of 11 September 1995 and

19 October 1995, having regard to Italy's obligation under Article 32, paragraph

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 applicant the total sum of 4 500 000 Italian lire as just

satisfaction, payment confirmed by the applicant on 3 June 1996,

Declares, having taken note of the measures taken by the Government of

Italy, that it has exercised its functions under Article 32 of the Convention in

this case;

Authorises the publication of the report adopted by the Commission in this

case.

 

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