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 reports drawn up by the European
Commission of Human Rights in accordance with Article 31 (art. 31)
of the Convention relating to the applications lodged on
6 March 1990 by Mr L.M. against Italy (Applications Nos. 16805/90
and 16806/90);
Whereas on 25 February 1994 the Commission transmitted the
said reports 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 applications, as declared admissible by the
Commission on 13 October 1993 (final decisions as to the
admissibility), the applicant complained of the excessive length of
certain criminal proceedings in both applications and of a breach
of his right to a peaceful enjoyment of his possessions in
Application No. 16805/90;
Whereas in its reports adopted on 11 January 1994 the
Commission expressed, unanimously, the opinion that there had been
a violation of Article 6, paragraph 1 (art. 6-1), of the Convention
in both applications and that it was not necessary to examine the
case under Article 1 of Protocol No. 1 (P1-1) in Application
No. 16805/90;
Whereas, at the 519th meeting of the Ministers' Deputies held
on 19 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 these cases
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 527th meeting of the Deputies held
on 6 February 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, for each one of these two applications,
within three months, 7 000 000 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
16 000 000 Italian lire;
Whereas the Committee of Ministers invited the Government of
Italy to inform it of the measures taken following its decisions of
19 October 1994 and 6 February 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;
Whereas the Committee of Ministers satisfied itself that
on 3 May 1995 the Government of Italy paid the applicant the total
sum of 16 000 000 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 reports adopted by the
Commission in this case.
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