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 28 February 1995 by the European
Commission of Human Rights in accordance with
Article 31 (art. 31) of the Convention relating to the application lodged on 20
May 1993 by Mr Giovanni Lucente against Italy (Application No. 23593/94);
Whereas on 28 April 1995 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 7
December 1994, the applicant complained of the excessive length of certain civil
proceedings;
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 546th meeting of the Ministers' Deputies held on 19
October 1995, 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
15 September 1995;
Whereas, at the 549th meeting of the Deputies held on
20 November 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, 3 500 000
Italian lire in respect of non-pecuniary damage;
Whereas the Committee of Ministers invited the Government of Italy to
inform it of the measures taken following its decisions of 19 October 1995 and
20 November 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 entry into force on 30 April and 1 May 1995 of two laws
restructuring the civil courts and speeding up the proceedings in civil cases
(see Resolution DH (95) 82 in the case of Zanghì against Italy);
Whereas the Committee of Ministers satisfied itself that on
18 March 1996 the Government of Italy paid the applicant the total sum of 3 500
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.
Full & Egal Universal Law Academy