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 2 May 1989
by Mrs Rosina Gagliano Vasta against Italy
(Application No. 15056/89);
Whereas on 22 March 1993 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 her application, as declared admissible by the
Commission on 14 October 1992 (final decision as to the
admissibility), the applicant complained of the excessive length of
certain criminal proceedings;
Whereas in its report adopted on 10 February 1993 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 498th meeting of the Ministers' Deputies held
on 21 September 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
9 December 1994;
Whereas, at the 536th meeting of the Deputies held on
4 May 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 the applicant as just satisfaction,
within three months, 900 000 Italian lire in respect of pecuniary
damage, 15 000 000 Italian lire in respect of non-pecuniary damage
and 4 233 940 Italian lire in respect of costs and expenses, namely
a total sum of 20 133 940 Italian lire;
Whereas the Committee of Ministers invited the Government of
Italy to inform it of the measures taken following its decisions of
21 September 1993 and 4 May 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 entering into force on
24 October 1989 of the new Code of Criminal Procedure (see, inter
alia, Resolution DH (92) 54 in the case of Frau against Italy and
Resolution DH (94) 15 in the case of Sanfilippo against Italy);
Whereas the Committee of Ministers satisfied itself that
on 5 July 1995, within the time-limit set, the Government of Italy
paid the applicant the total sum of 20 133 940 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.
Full & Egal Universal Law Academy