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 9 May 1994 by the European
Commission of Human Rights in accordance with Article 31 (art. 31) of the
Convention relating to the application lodged on 14 January 1989 by Mr Giuseppe
Lanzano against Italy
(Application No. 14725/89);
Whereas on 23 June 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 30
June 1993, the applicant complained of the impartiality of the Montichiari court
of first instance;
Whereas in its report 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 519th meeting of the Ministers' Deputies held on 20
October 1994, 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, 6 000 000 Italian
lire in respect of
non-pecuniary damage and 1 000 000 Italian lire in respect of costs and
expenses, namely a total sum of 7 000 000 Italian lire;
Whereas the Committee of Ministers invited the Government of Italy to
inform it of the measures taken following its decisions of 20 October 1994 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 Committee of Ministers satisfied itself that on
22 September 1995, within the time-limit set, the Government of Italy paid the
applicant the total sum of 7 000 000 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.
Appendix to Resolution DH (96) 315
Information provided by the Government of Italy
during the examination of the case of Lanzano
by the Committee of Ministers
The incriminated provisions of the Code of Criminal Procedure which
provided for the possibility of combining the functions of investigation and
trial in one and the same judge have been repealed. The abrogation concerns in
particular the district judge's power to carry out police or investigative
measures (Article 550). Accordingly, there is no longer any risk of repetition
of the violation found.
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