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 Ms Emma Gennochi-Tenchio against Italy
(Application No. 15069/89);
Whereas on 1 September 1992 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 the applicant complained of the
length of certain criminal proceedings instituted against her;
Whereas the Commission declared the application admissible
on 1 April 1992 (Final Decision) and in its report adopted on
1 July 1992 expressed unanimously the opinion that there had been
a violation of Article 6, paragraph 1 (art. 6-1), of the
Convention;
Whereas, at the 485th meeting of the Ministers' Deputies
held on 15 December 1992, 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 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
10 September 1993;
Whereas on 15 October 1993 the Committee of Ministers held,
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 the sum of 8 000 000
Italian lire in respect of non-pecuniary damage and the sum of
500 000 Italian lire in respect of costs and expenses;
Whereas the Committee of Ministers invited the Government
of Italy to inform it of the measures taken following its
decisions of 15 December 1992 and 15 October 1993, 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 reiterated before the
Committee of Ministers that the reforms already adopted - the
entry into force on 24 October 1989 of the new Code of Criminal
Procedure, the internal reforms carried out by the Court of
Cassation and the considerable increase in the budgetary
appropriations in order to finance urgent measures in support of
the structures, means and services of the administration of
justice - should ensure that in the future criminal proceedings
will lead to judgments delivered within a reasonable time within
the meaning of Article 6 (art. 6) of the Convention (see, inter
alia, Resolution DH (92) 54 concerning the judgment of the
European Court of Human Rights in the case of Frau against
Italy);
Whereas the Committee of Ministers satisfied itself that on
17 February 1994 the Government of Italy paid the applicant the
sum of 8 500 000 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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