The Committee of Ministers, under the terms of Article 54 (art. 54) of
the Convention for the Protection of Human Rights and Fundamental
Freedoms (hereinafter referred to as "the convention"),
Having regard to the judgment of the European Court of Human Rights
in the Luberti case, delivered on 23 February 1984 and transmitted the
same day to the Committee of Ministers;
Recalling that the case had its origin in an application against Italy
lodged with the European Commission of Human Rights under Article 25
(art. 25) of the convention by an Italian citizen, Mr Luciano Luberti,
complaining of having been confined in a psychiatric hospital although
he was no longer suffering from any mental disorder and that a
decision on his applications for the confinement order to be set aside
had not been given speedily, relying on paragraphs 1 and 4 of
Article 5 (art. 5-1, art. 5-4) of the convention;
Recalling that this case had been brought before the Court by the
European Commission of Human Rights;
Whereas in its judgment of 23 February 1984, the Court unanimously:
- holds that there has been no breach of Article 5, paragraph 1
(art. 5-1), of the convention;
- holds that there has been a violation of Article 5, paragraph 4
(art. 5-4);
- holds that the respondent state is to pay to the applicant, in
respect of costs and expenses, one million (1 000 000) Lire, together
with any value added tax that may be due;
- rejects the remainder of the claim for just satisfaction;
Having regard to the "Rules concerning the application of Article 54
(art. 54) of the convention";
Having invited the Government of Italy to inform it of the measures
which had been taken in consequence of the judgment, having regard to
its obligations under Article 53 (art. 53) of the convention to abide
by the judgment;
Whereas, during the examination of the case by the Committee of
Ministers, the Government of Italy informed the Committee of the
measures taken in consequence of the judgment;
Having satisfied itself that the Government of Italy has paid to the
applicant the sum under Article 50 (art. 50) of the convention
provided for in the judgment of the Court of 23 February 1984,
Declares that it has exercised its function under Article 54 (art. 54)
of the convention in this case.