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
9 March 1993 by Mr Giovanni Lupi against Italy
(Application No. 22992/93);
Whereas on 8 December 1994 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 his application, declared admissible by the Commission on 5
July 1994, the applicant complained of the excessive length of certain criminal
proceedings combined with civil action for criminal damages and of the excessive
length of certain subsequent civil action for damages;
Whereas in its report adopted on 18 October 1994, 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 536th meeting of the Ministers' Deputies held on 5 May
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
(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 13 April 1995;
Whereas, at the 539th meeting of the Deputies held on
7 June 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, 5 000 000 Italian
lire in respect of
non-pecuniary damage and 500 000 Italian lire in respect of costs and expenses,
namely a total sum of 5 500 000 Italian lire;
Whereas the Committee of Ministers invited the Government of Italy to
inform it of the measures taken following its decisions of 5 May 1995 and 7 June
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, through the
reform of the Code of Criminal Procedure (see notably the cases of Frau,
Resolution DH (92) 54 and
San Filippo, Resolution DH (94) 15), and 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
5 500 000 Italian lire as just satisfaction, payment confirmed by the applicant
on 5 April 1996,
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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