L.B. AGAINST ITALY



     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

1 February 1988 by Mr L.B. against Italy

(Application No. 13796/88);

     Whereas on 30 August 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 2 March 1994, the applicant complained of the

excessive length of certain criminal proceedings in which he had

submitted a claim for damages and of certain subsequent civil

proceedings for damages;

     Whereas in its report adopted on 29 June 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 522nd meeting of the Ministers' Deputies held

on 5 December 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

9 December 1994;

     Whereas, at the 524th meeting of the Deputies held on

10 January 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, 4 000 000 Italian lire in

respect of non-pecuniary damage and 2 000 000 Italian lire in

respect of costs and expenses, namely a total sum of

6 000 000 Italian lire;

     Whereas the Committee of Ministers invited the Government of

Italy to inform it of the measures taken following its decisions of

5 December 1994 and 10 January 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) and

through the entering into force on 30 April and 1 May 1995 of two

laws restructuring the civil courts and speeding up the civil

proceedings (see Resolution DH (95) 82 in the case of Zanghì

against Italy);

     Whereas the Committee of Ministers satisfied itself that on

28 March 1995 the Government of Italy paid the applicant the total

sum of 6 000 000 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.

 

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