INTERIM RESOLUTION DH (97) 634
HUMAN RIGHTS
APPLICATION No. 31639/96
GURCIULLO AND CAPPELLO AGAINST ITALY
(Adopted by the Committee of Ministers on 15 December 1997
at the 610th meeting of the Ministers' Deputies)
The Committee of Ministers, under the terms of Article 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 28 May 1997 by the European Commission of Human Rights in accordance with Article 31 of the Convention relating to the application lodged on 8 May 1995 by Mr Francesco Gurciullo and Mr Giovanni Cappello against Italy (Application No. 31639/96);
Whereas on 27 June 1997 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 their application, declared admissible by the Commission on 4 March 1997, the applicants complained of the excessive length of certain proceedings before the civil courts;
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 610th meeting of the Ministers' Deputies, the Committee of Ministers, having voted in accordance with the provisions of Article 32, paragraph 1, of the Convention, and agreed with the opinion expressed by the Commission, held, by decision adopted on 15 December 1997, that there had been in this case a violation of Article 6, paragraph 1, of the Convention,
Authorises the publication of the report adopted by the Commission in this case;
Decides to pursue the examination of the present case in accordance with Article 32 of the Convention with a view to adopting the final resolution.
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