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 12 October 1983
by Mrs Saveria Lo Giacco against Italy (Application
No. 10659/83);
Whereas on 1 September 1989 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 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 her application the applicant complained inter alia
of the excessive length of civil proceedings she had instituted
with a view to obtaining a disability pension;
Whereas the Commission declared the application admissible
on 5 December 1988 as regards the above-mentioned complaint and
in its report adopted on 3 July 1989 expressed unanimously the
opinion that there had been a violation of Article 6,
paragraph 1 (art. 6-1), of the Convention;
Agreeing with the opinion expressed by the Commission in
accordance with Article 31, paragraph 1 (art. 31-1), of the
Convention,
Decides, having voted in accordance with the provisions of
Article 32, paragraph 1 (art. 32-1), of the Convention, that
there has been a violation of Article 6, paragraph 1 (art. 6-1),
of the Convention in this case;
Having examined the proposals made by the Commission when
transmitting its report concerning just satisfaction for the
applicant, proposals supplemented by a letter of the President
of the Commission dated 8 June 1990;
Having recommended the Government of Italy on 24 September 1990,
under Rule 5 of the Rules adopted by the Committee of Ministers
for the application of Article 32 (art. 32) of the Convention,
to pay to the applicant the sum of 2 million lire for non-
pecuniary damage and the sum of 1 million lire for the costs of
the proceedings;
Having regard to its decision of 13 December 1990 setting,
according to Article 32, paragraph 2 (art. 32-2), of the
Convention, a time-limit of three months for the Italian
Government to pay the sums due to the applicant by way of
compensation for non-pecuniary damage and for costs and expenses;
Finding that, although the time-limit was extended by one month
on 18 March 1991, the Government of Italy still has not paid the
sums it had agreed to pay following the recommendation of the
Committee of Ministers,
Decides to strongly urge the Government of Italy to proceed
without delay to the payment of the sum of 3 million lire to the
applicant;
And accordingly decides, if need be, to resume consideration of
the present case at each of its forthcoming meetings.
Full & Egal Universal Law Academy